A just and modest vindication of the proceedings of the two last Parliaments

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-4 y#tf W ModeH Vindication of the
proceedings of the Two latt PAR*

LIAMENTS.

TH E Amazement which feiz'd every good Man, up-
on the unlook'd for Diflolution of two Parliaments
within three Moneths, was not greater than at the
fight of a Declaration pretending to juftifie , and give
Reafons, for fuch extraordinary proceedings.

It is not to be denyedbut that our Kings have in a great
meafure been Intrufted with the Power of calling & declaring
the Diflblutions of Parliaments. But leaft through defeft
of Age, Experience, or Underftanding, they mould at any
time forget, or miftake our Conftitution ; or by-Paffion, pri-
vate Intereft,or the influence of ill CounfelIors,be fo far milled
as not to AfTemble Parliaments, when the Publick Affairs re-
quire it ; or to Declare them Diflolved before the ends of their
Meeting were Accomplifhed : The Wifdomof our Anceftors
has provided, by divers Statutes, both for the
holding of Parliaments Annually, and that 4 Edxv.7, c.14.
they fhould not be Prorogued or Diflolved till 36 Ed.t.,c. 10.
all the Petitions, & Bills before them were an- z R. z. Nh.zS.
fwered and Redrefled. The Conftitution had
been equally Tmperfedt and Deftrudive of it felf, had it been
left to the choice of the Prince, whether he would ever Sum-
mon a Parliament, or put into his power to difmifs them Arbi-
trarily at his pleafure.

A That

(»)

That Parliaments mould thus Meet,and thus Sit, is fecured
to us by the fame Sacred tye, by which the King at his Coro-
nation does Oblige himfelf, to let his Judges Sit to diftribute
Jultice every Term, and to preferve Inviolably all other Rights
and Liberties of his Subjects. Therefore abruptly to DilTolve
Parliaments at fuch a time, when nothing but the Legislative
Power, and the United Wifdom of the Kingdom could Re-
lieve us from our Juft Fears,or fecure us from our certain Dan-
gers^ very unfuitable to the great Trnft repofed in the Prince,
and feems to exprefs but little of that Affection which we will
always hope His Majelty bears towards HisP eople 6V the Pro-
tectant Religion. But 'tis not onely of the Dilfolution it felfthat
we Complain. The manner of doing it, is unwarranted by the
Precedents of former Times, & full of dangerous Confequents.
We are taught by the Writ of fummons, that Parlia-
ments are never called without the advice of the council, and
theufage of all Ages has been never to fend them away with-
out the fame Advice. To forfake this fafe method istoexpofe
the King Personally to the Reflections and Cenfures of the
whole Nation for fo ungrateful an Action. Our Laws have
taken care to make the King always dear to his People,and to
preferve hisPerfonSacred in their eiteem,by wifely preventing
him from appearing as Author of any thing which may be un-
acceptable to them. 'Tis therefore that he dorh not Execute a-
ny confiderable Aft of Regal Power,tilI it be firft Debated and
Refolved in Council, becaufe then 'tis the Counfellors muft an-
fwer for the Advice they Giver and are Punifhable for fuch
Orders as are Irregular and Illegal. Nor can his Minifters juiri-
fie any unlawful action under the color of the Ks. Commands,
fince all his Commands that are contrary to Law, are void j
(which is the trueReafon of that well known Maxim, that
the King can do no wrong. ) A Maxim juft in it felf and alike
fafe for the Prince, and for the Subject, there being nothing
more abfurd, then that a Favorite mould excufe his enormous
Actings by a pretended Command, which we may reafonably
fuppofe he firft procured to be laid upon himfelf. But we
know not whom to charge with Advifing this laft Dilfolution :
It was a work of Darknefs, and if we are not Mifinform'd,the
Privy Council was as much furpriz'd at it as the Nation.

Nor

( 3 )

Nor will a future Parliament be able to Charge any Body as
the Author or Adviferof the late Printed Paper, which bears
the Title of His Majefties Declaration, though every good Sub-
ject ought to be careful how he calls it lo. For His Maiefiy
never fpeaks to his People as a King, but either Perfbnally in
his Parliament, or at other times under his Seal, for which the
Chancellor or other Officers areRefponfible, if what partes
them be not Warranted by Law. Nor can the direction of the
Privy Council enforce any thing upon the People unlefs that
Royal and Legal ftamp gives it an Authority. But this Decla-
ration comes abroad without any fuch Sanction, and there is no
other ground to afcribe it to HisMajeity, than the uncerta:n
Credit of the Printer,whom we will eafily fufpect of an In po-
fture, rather than think the King would deviate from the ap-
proved courfe of H!s lllnftrious Anceftor?, to pu fie a New
and Unfuccefsful Method.

The flrft Declaration of this fort, which 1 ever met with,
being that which waspublimedin the Year, 1628. Which
was fbfar from anfwering the ends of its corning out, that it
fill'd the whole Kingdom with Jealoufies, and was one of the
flrft fad Caufes of the enfuing Unhappy War.

The Truth is,Declarations to jultifie what Princes do, muft
always be either needlefs or ineffectual. Their Actions ought
to be fuch as may recommend themfelves to the World, and
carry their ownEvidence along with them of their ufefulncfs to
the Publick,and then no Arts to juftifie them willbe neceflary.
When a Prince defcends fo low as to give his Subjects Reafons
for what he has done, he not only makes them Judges whe-
ther there beany weight in thofe Reafons, but by fo unufual a
fubmiffion gives caufe to flifpect,that he is confcious to himfelf
that his Actions want an Apology. And if they are indeed un-
juftifiable,if they are Oppofite to the inclinations,6V apparent-
ly deftructiveof thelntereffsof his Subjects, it will be very
difficult for the molt Eloquent or Infinuating Declaration, to
make them in Love with fuch things. And therefore thev did
certainly undertake no ealie task in pretending toperlwade
Men who fee themfelves cxpofed to the reftlefs Malice of tl eir
Enemies,who obfcrve the languishing condition of the Nation,
& that nothing but a Parliament can provide Remedies for the
great Evils which they Feel and Fear i that two feveral Parlia-

A l ments,

(4 J
ments, upon whom they had placed all their hopes, were fo
fiiddenly broken out of kindnefs to them, or with any regard
to their Advantage. It was generally believed thatthisage
would not have feen another Declaration, fince Colemans was
fo unluckily publifhed before its time : Not only becaufe there-
by the World was taught how little they ought to rely upon
the fmcerity of fuch kind of Writings, but becaufe that was a
Mafter-peice, which could hardly becquall'd, and our prefenc
Minifters may well be out of countenance, to fee their Copy
fall fo very much ftiort ofthe Original.

But mould this Declaration be fuffered to go abroad any
longer under the Royal Name, yet it will never be thought to
have proceeded from His Majefties inclination or his Judge-
ment, but to be gained from him by the Artificies of the fame
ill Men, who not being content to have prevailed with him to
Diffolve two Parliaments only to protect them from Publick
Juftice, do now hope to excufe themfelves from being thought
the Authors of that Counfel by making him Openly to Avow
it. But they have difcovered themfelves to the Kingdom, and
have told their own Names, when they number amongft the
great Crimes ofthe Houfe of Commons, their having Declared
divers Eminent Perfons to be Enemies to the King and Kingdom.
'Tis our happinefs that the Cunning of thefe Eminent Perjons is
not equal to their Malice, in that they mould thus unwarily
make themfelves known when they had fo fecretly and with fo
much Caution given the Pernicious Advice. None could be
offended at the proceedings of the Parliaments but they who
were obnoxious, none could be concern'd to vindicate the
Diffolution but they who had Advifed it. But they have per-
formed this laft undertaking after fuch a fort that they have left
themfelvs not only without a Juftificatiou but without all pre-
tence herafter.The People were willing to think it the Unfortu-
nate effect of fome fuddain and precipitate Refolution, but
fince they have nowpublickly alfured us, that it wastherefult
of Counfel and Deliberation, they cannot blame us for hoping
one day to fee Juftice done upon fuch Counfellors.

But though to the difhonour of our Country it does appear
that fome Englifh men were concern'd in the unhappy Advice,
of breaking the two laft Parliaments, and ferting out this pre-
tended defence of it, yet the Gallicifms which are found in the

Paper

( 5 )

Paper fhew the Writer to have been of another Nation, or ar
leaftto have had his thoughts (b much taken up for the inter-
efts of Franc e,(wh\\ft he was laboring this way to heighten and
perpetuate the differences between the King and his People, )
that he could not exprefs himfelf.in any other idiom then
theirs, he would not otherwife have introduced the King fay-
ing, That it was a matter extreamly fenfible toVs-3 a form of
fpeech peculiar to the French; and unknown to any other
Nation.The Reader(who underftands that Language)vvill ob-
ferve fo many more of this Kind as will give him juft caufe to
doubt, whether the whole Paper was not a Tranflation, and
whether the Englifti one,or that which was publilhed in French
was the Original.

Let us then no longer wonder that the time of DiiTolving our
Parliaments is known at Paris fooner then at London, fince 'tis
probable the Reafons now Given for it were formed there too.
The Peers at Oxford were fo totally ignorant of the Council,
that they never cnce thought of a DilTolution, till they heard it
pronounced -t but the Dutchefs of Mazarine had better Intelli-
gence/and publiflied the News at St. James's many hours be-
fore it was done. This Declaration was not Communicated to
the Privy Council till Friday the S.ofdpril, when His Majefty
(according to the late method)did Gratioufly declare to them
his pleafure to fetit forth, without defiring from them any
Advice in the matter, but Monfieur Bariilon, the French Am-
balTadordid not only Read it to a Gentleman the fifth of A-
pril, but advifed with him about it and demanded his Opinion
of it, which his Excellency will the better remember becaule of
the great liberty which the Perlbn took in Ridiculing it to his
Face. GoodGodyto wh.,t a Condition is this Kingdom rednced^when
the Mmifters and Agents of the only Prince in the Worlds who c.vi
have Defigns againft us, or of whom we ougfo to be afraid, are not
only made acquainted with the moftfecret Pajfages of State, but are
made our Cheif Mimftcrs too, and have the Principal Condutl of
our Affairs. And let the World judge if the Commons had
not Reafon for their Vote,when they Declared thole Eminent
Perfons who manage things at this rate, to be Enemies to the
King and K mgdom, and Promoters of the French Inter eft.

Whofoever considers the Actions of our Great Men, will not
think it ftrange that they (hould be hard put to it to find out

Reafons

( 6 )

Reafons which they might give for any of them, and they have
had very ill hick when ever they went about it. That Reafon
whic h they have given for Diflblving three feveral Parliaments
fucceflively is now grown ridiculous,* hat the King was refolved
to meet his People and to have their Advice in frequent Parlia-
mentfmet every Man took notice that as foon as the Minifters
began to fufpecl: that His Majefty was inclined to hearken to
and purfne their Advice,thofe very Parliaments were prefently
Diifolved. This was all the Ground and Caufey which was
thought of for breaking the laft Parliament atWeftminifiery
when the Proclamation of the 8th. oFfan. 1680 was pub-
limed, but,they have now confidered better and have found out
faults enough to fwel into a Declaration, and yet as much of-
fended as they are with this Parliament,they feem more highly
Angry with that which followed at Oxford. Nor is it at all
itrange that it fhould fall out fo, for the Court did never yet
DiiTolve a Pari ament abruptly andinaheat, buttheyfound
the next Parliament more Averfe, and to infift upon the lame
things with greater eagernefs then the former. Englifh Spirits
refent noArfronrs fo highly as thofe which are done to their Re-
presentatives 5 and the Court will befure to find the Effects of
that Refentment in the next Election. A Parliament does ever
participate of the prefent temper of the People. Never were
Parliaments of more different Complexions than that of 1 640 .
And that of 1 66 1. Yet they both exadly anfwered the humors
which were predominant in the Nation, when they were Re-
fpectively chofen.And therefore while the People do fo univer-
fallyHate and Fear France and Popery, anddofo well under
ftand who they are who promote the French and Popifhlnrer-
eft,the Favourites do but Cozen themfelves to think that they
will ever fend up Reprefentatives lefs Zealous to bring them
to Juftice,then thofe againft whom this Declaration is publifh-
ed.For furely this Declaration ( what great things foever may
be expected from it) will make but very few Converts, not
only becaufe it represents things as high Crimes, which the
whole Kingdom has been Celebrating as Meritorious Actions,
but becaufe the People have been fo often deceived by former
Declarations, that whatfoever carries that Name, will have
no Credit with them for the future. They have not yet forgot-
ten the Declaration from 2?r^,though others forgot it fo fo jn,

and

(7)
anddonotfparetofay, that if the fame diligence, the fame
earneft follicitations had been made ufe of in that Affair, which
have been fince exercifed directly contrary to the Defign of it,
there is no doubt but every part of itwould have had the defired
fuccefs, & all His Majefties Subjects would have enjoyed the
fruits of it, and have now been extolling a Prince fo careful to
keep Sacred His promifes to His People. If we did take no-
tice of the feveral Declarations Publifhed fince that which we
havelaft mentioned, we mould find they fignified as little; &
therefore we will only remember the laft made the 20th. of
April. 1679. And Declared in Council, and in Parliament,&
after publifhed to the whole Nation : Wherein His Majefty
owns that he is fenfible of the ill pojiure of his affairs, and the
great fealoufies and Diffat is faction of hit good SubjetJs, whereby
the Crown and Government wot becometoo weak^ to preferve it felf,
which proceeded from his ufe of a Jingle Minifiry and of private
uidvices ; and therefore prof 'effes his Refolutionto lay them wholly
afide for the future, and to be Advifed by thofe Able and Worthy
Perfons, whom he had then chojen for his Council, in all his
Weighty and Important Affairs. But every man mult Acknow-
ledge that either His Majefty has utterly forgotten this Pub-
lick and folemn Promife, or elfe that nothing Weighty and Im-
portant has happened from that time to this very Day.

As for the Declaration read in our Churches the other day,
there needs no other Argument to make us doubt of the reality
of the promifes which it makes, then to confide r how partially,
&with how littlefincerity the things which it pretends to relate
are therein reprefented. It begins with telling us in His Maje-
fties name, That/'f waj with exceeding great trouble that hew.ts
brought to Dijfolve the Two lafl Parliaments, without more benefit
to the People by the calling of them. We fhould queltion His
Majefties Wifdom, did we not belive him to have underftood
that never Parliament had greater Opportunities of doing good
to himfelf and to his Peop'.e. He could nor but be fenfible of
the Dangers, and ofrheNecefTkiesofHisKingdom,& there-
fore could not without exctawggreat Trouble be prevailed up-
on for the fake of a few delperut e men,(whom he thought him-
felf concern'd to love now, only becaus he had loved them too
well,6V Truftedthem too muchbeiore;) not only to diftppoi r
the Hopes and Expectations of his own People, but of all m (J

Ejtropc,

( 8)

Europ:. His Majefty did indeed do His Part, Co far, in giving
Opportunities of provid ng for our good, as the calling of Parlia-
ments does amount to, and it is to be Imputed to the Minifters
only that the fucceft of them did not anjwer His and Our Ex-
pectations. Tis certain it cannot be imputed to any of the Pro-
ceedings of either of thofe Parliaments j which were compofed
of Men of as good Sence, and Quality as any in the Nation,and
proceeded with as great moderation, and managed their De-
bates with as much temper as was ever known in any Parlia-
ment. If they feem'd to go too far in any thing, His Majefties
Speeches or Declarations had milled them, by fbme of which
they had been invited to enter into every one of thofeDebates,
to which fb much exception has been fince taken. Didhenot
frequently recommend the pr of ecut ion of the Plot to them , with
speech, zi a ftritt and impartial inquiry. Did he not tell them,That he nei-
oB 1680 ther thowht himfelf nor themfafe, till that matter was gone through
cb with? D?d he not in his Speech of the 30th. of April, 1679.
Apr. 1 6J9 Allure them that it was his conflant care tojecure our Religion for
the future in all Events, and that in all things which concern d the
Public\fecurity he would not follow their Zeal but lead it ? Has
Klpiecb,A6 he not often wijh'dthat he might beenabledto exercifea Power of
' l * Difpenfationin Reference to thofe Proteft ants, who through tendtr-
neft of mif*uid:d Confcience did not Conform, to the Ceremonies,
Dfcipline and Government of the Church: Andpromifed that he
speech, i5 yyQyid ma\fc it his ff.cialCare to encline the wifdom of the Par La-
Dec. \66t ^^ ^ concur with him, in making an A& to that Purpofe ?
And Jeaft the malice of ill men might Object, that thefe Graci-
ous inclinations of His continued no longer, then while there
was a pottibility of giving thePapifts equal benefit of a Tolera-
tion. Has not His Majefty fince the Difcoverv of the Plot,
fince there was no hopes of getting fo much as a connivence for
speech, 6 them, in His Speech of the 6th. of March, 1679. Expreft His
M*"b, Zeal not only for the Proteftant Religion in general, but for an
J °79 Vmon among ft all forts of Proteftant s. And did he not Command
My Lord Chancellor, at the fame time, to tell them that it was
neceffarj to diftmguifh between Popijh and other Recufants, between
them that would deftroy the whole Flocks and them that onely wan-
der from it ? Thefe things confidered we mould not think the
Parliament went too far,but rather that they did not followHis
Majefties Zeal with an equal pace. The Truth is if we obferve

the

5> )
The daily provocations of the Popifh Faction, whole Rage and
Infolence were only increafed by the Difcovery of the Plot, (fo
that they feemed to defy Parliaments,as well as inferior Courts
of Juftice, under the Protection of the Duke, their publickly
avowed head ; ) who ftill carryed on their defigns by new and
more deteftable methods than ever, ar,d were continually bu-
fie by Perjuries and Subornations, to charge the belt and moft
confiderable Proteftanra in the Kingdom with Treafons, as
black as thofe of which themfelves were Guilty. If we obferve
what vile Arts were ufed to hinder the further difcovery, what
Liberty was given to Reproach the Difcoverers, what means
tifed to deitroy or to Corrupt them; how the very Criminals
were encouraged and allowed to be good WitnefTes againft
their Accusers : We fhould eafily excufe an Englifh Parlia-
ment thus befet,if they had be sn carried to fome little excefTes.
But yet all this could not provoke them to do any thing
not ;uftifiable by the Laws of Parliament, or unbecoming the
Wifdom and Gravity of an Englifh Senate.

But wre are told that His Majefty Opined the lafi Parliament ,
which was held at Weftminfter, with at GY.iciom Expreffions of His
readinefs to fatisfie thedejires of his Subjetls, and to fecurethem
Againfi all their juft Fears, as the weighty couji deration, either of
preferving the Eflablifhed Religion and Property of HisSubjeVs
at Home , or of [upp or ting His Neighbors and All es abroad could
fill His Heart with. We muft own that His Majefty has
Opened all His Parliaments at Weftminifttr, with very
Gracious Expreffions j nor have we wanted that Evidence of His
readinefs to fatisfie the dejircs of His Subjests, but that fort of E-
vidence will foon lofe it's force if it be never followed by
Actions correfpondent, by which only the World can judge of
thefincerity of Expreffions or Intentions. And therefore the
Favourites did little Confult His Ma jefties Honor, when they
bring him in folemnly dtel 'ring to His Subjects, that His Inten-
tions were as far as would have conftftedwith the v.ry being of t he-
Government, to have Comply edwith any thinr that could have been
propofedto him to Accomplice thofe Ends ; when they are not able
to produce an inftance wherein they fuffered him to comply in
any One thing. Whatsoever the Houfe of Commons Addrelfd
for was certainly denied, though it was only for thatRea-
fon ; and there was no furer way of intituling ones felf to

B the

( io >

the faror of the Court, then to receive a Cenfure from the
ReprefentativeBody of the People. Let it for theprefent be
admitted that fome of the things defired by that Parliament
were exorbitant, and (becaufe we will put the Objection as
ftrong as is poffible)inconfiftent w ith the very being of the Go-
vernment, yet at Ieaft fome of their Petitions were more rea-
fonable.TheGovernment might have fubfifted though theGen-
tlemen put out of the CommifTion of the Peace, for their Zeal-
ous acting againft the Papifts,had been reftor'djnor would a fi-
nal DifTolution of all things have enfucd,tho Sir G.fef cries had
been removed out of publick Office, or my Lord Halifax
himfelf from His MajeftiesPrefence and Councils. Had the
Statute of the Jjth. of Queen Elizabeth ( which had juftly
flept for 80 years, and of late, unfeafonably revived) been
repealed, furely the Government might Itill have been fa fe.
And though the Fanaticks perhaps had not deferved fo well
as that in favor to them, His Ma jefty mould havepalfed that
Bill, yet fincethe Repeal might hereafter be of fo great ufe to
thofe of the Church of England, in cafe of a Popilh Succeffor,
(which blefTing His Majelfy feems resolved to bequeath to His
People; ) one would have thought he might have Complyed
with the Parliament in that propofal. At leaft we mould have
had left Reafon to complain of the refufal, if the King would
have been but Gracioufly pleafed to have done it in the Ordina-
ry way. But the Minifters thought they had not diffidently tri-
umphed over theParliament by getting the Billrejefted,unJefs
it were done in fuch a manner as that the Precedent might be
more pernicious to pofterity^by introducing a new Negative in
the making of Laws, then the lofing of any Bill, how ufeful io-
ever, could be to the prefent Age. This we may affirm, that
if the fuccefs of this Parliament did not anfwer expectation,
whoever was guilty of it, the Houfe of Commons did not fail
of doing their Part. Never did men Husband their tim? to
more advantage. They opened the eyes of the Nation, they
fhewed them their danger with a freedom becoming Englifhr
men. They afferted the Peoples Right of Petitioning, they
proceededvigoroufly againft theConfpirators difcovered and
heartily endeavored to take away the very Root of the Con-
lpiracy. They had before them as many great and ufeful Bills
as had been feen in any Parliament, and it is not to be laid at

their

( II )

their doors that they proved Abortive. This Age will never
fail to give them their grateful acknowledgments, and pofteri-
ty will remember that Houfe of Commons with Honor.

We come now to the po rticular enumeration of thofe Graci-
ous things which were fa id to the Parliament at Wejlminftcr.
His Majefty askt of them the fnpporting the Ally ancet heb.id
p> ads for theprefervation of the General Peace in Cbrifiendom.'Txs
tobewruYdHs Majefty had added to this Gracious asking of
Money,a gracious Communication of thofe AIliances,and that
fuch blind obedience had not been exacted from them, as to
contribute to the fupport of they knew not what themlelves j
nor before they had confidered whether thofe Alliances which
were made, were truly defign'd for that end which was pre-
tended, or any way l.kely to prove effectual to it. Since no
precedent can be fhown, that ever a Parliament,(not even the
late long Parliament, tho rilled with Danby his Penhoners)
did give Money for Maintaining of any Leagues till they were
firft made acquainted with the particulars of them. But belides
this the Parliament had reafon to confider well of the General
Peace it felf, and the Influence it might have, and had, upon
our Affairs, before they cametoanv Refolution, or fo much
as to a Debate about preferving it j fince fo wile a Minilter as
my L. Chancellor had fo lately told us, that it was fitter for Me- L^i
ditation than Difcourfe. He informed us in the fame Speech, cbinct^
that the peace then was but the effect of Defpair in the Confe- s°'s t
derates, and we have fince learn't by whofe means they were Sly ''
reduced to that defpair j and what price was demanded of the 1678.
French King for fo great a fervice.And we cannot but be fadiy
fenfiblehow by this Peace, that Monarch has not only quire
Diffolv'dthe Confederacy form'd againlt him, enlarged his
Dominion?, gain'd time toRefrefh his Soldiers harrafied with
long fervice, fetled and compofed his Subjects at Home, in-
creafed his Fleet, and replenished his Exchequer lor new and
greater defigns;but his Penfioners at our Court have grown ;n-
folent upon it..and prefunvng that now he may be at leafure to
alfift them in Ruining EnHand^nd the Proteftant Religion to-
gerher,have fhakenoff all dread of Parliaments, ar.d have pre- .
vail'd with His Majefty to ule them with as little refpect,and to
difperfe them with as great Contempt, as if thev had been a
Conventide,and not the great Reprelentative of the Nation,

B 2 whofe

( 12 )

whofe Power and Wifdom only could fave Him and Us, in our
prefent exigencies.

But whatever the defign of them was, or the effect of them
is like to be, yet Alliances have a very good found, and a Nati-
on fbencompaffed with Enemies abroad, and Traitors and
Peniioners to thofe F.ncmies at home, muft needs beglad to
hear of any new Friends. But alas if we look into the Speech
made at the opening of that Parliament, we (hall find no men-
tion of any new Ally except the Spaniard,\N\\oib Affairs at that
time, through the defefts of his own Government, and the
Treachery of our Minifters, were reduced to fo defperate a
ftate,that he might well be a Burden to us, but there was little
to be hoped from a Friendfhip with him j unlefs by the name of
a League to recommend our Min iters to a new Parliament, 8c
couzen Country Gentlemen out of their Money. But upon
perufal of that League it appears by the third, fourth and fifth
Articles, that it was like to create us Troubles enough, for
it engages us indefinitely to enter into all the Quarrels of the
Spaniards, tho they happened in the Weft-lndics or the Philip-
pine IJIands^oT were drawn upon himfelf by his own injuftice or
caufelefs provocations. By this we (hall be obliged to efpoufe
his difference with the Duke of Brandenburg, tho all that
Duke did, was according to the Law of Nations, to Reprize
Spamft Ships for a juft Debt frequently demanded in vain. By
this we (hall be obliged to engage in his prefent War with the
Porrwuefe, tho he by his violent feizing of the Ifland of St.
Gabrfd> which had been long in their peaceable poflcflion,.
without once demanding it of them, has moft juitly provoked
the Portuguese to invade Spain. Nor are we bound only to
afTift him in cafe of an Invalion, but in cafe of any difturbance
whatfoever3 which muft be intended of inteftine Troubles,
( and it is fo directly explained in the fecret Article which all
Europe (ays was figned at the fame t'me.)Sothat if the prefent
King of Spain mould imitate his great Grand-father Philip the
fecond,6V opprefs any of his Subje&s as cruelly as he did thofe
of the Love Countries, and fo force them to a necefTary felf de-
fence j we have renounced the policy of our Anceftors, who
thought it their intereft as well as their Duty to fuccor the di-
itreffed, and muft not only aid him with 8000 Men for three
Months to make thofe People Haves, but if the matter cannot

be

( *3 )

be compofed in that time make War upon them, with our
whole force both by Land and Sea. But that which concerns
us yet nearer in this League,is,that this obligati >n of affiftance
was mutual, fo that if a difturbance mould happen hereafterin
England upon any attempt to change our Religion or our Go-
vernment, though it was in the time of his Majefty Succeflbrs,
the mod Catholick King is obliged by this League, (which we
are (till to believe was entred into, for the fecurity of the Pro-
teftant Religion, and the good of the Nation ) to give aid to Co
Pious a Defign, and to make War upon the people with all his
Forces both by Land and Sea. And therefore it was no wonder
that the Minilters were not forward in (hewing this League to
the Parliament, who would have foon obferved all thefein-
convenicncies, and have feen how little fuch a League could
contribute to the preferving the general Peace,or to the fecu-
ring of FLmders Since the French King may within one months
timepoflefs himfelfofit, and we by the League are not oblig-
ed to (end our Succors till 3 Months after the Invafion. So that
they would upon the whole matter,havebeen inclined to fuf-
pect, that the main end of this League was only to ferve for a
handfom pretence to raife anArmyinEngland,and if the peo-
ple here fhould grow difcontented atit, and any little dildr-
ders (hould enfue, the Spaniard is thereby obliged to fend o-
ver Forces to fupprefs them.

The next thing recommended to them was (be farther exami-
nation of the Plot, and every one who has obferved what has
paflfed for more than twoyears together, cannot doubt that
this was fincerely defired by fuch as are moft in credit with his
Majefty,and then furely the Parliament deferv'd not to be cen-
tred upon this account, fince the examination of (b many new
Witneffes, the Trial of the Lord Stafford, the great prepara-
tions forthe Trial of the reft of the Lords, and their diligent
inquiry into the Horrid IriftiTreafbnSj (hew that the Parlia-
ment wanted no diligence to purine his Majefties good inten- ^Mrcfo
tions in that affair. And when His Ma jetty defired from the Par- Prele"ed>
liament their Advice and A 'ffiftavce concerning the prefervattonof igso"'
Tangier, the Commons did not neglect to give its due confi- AUrc'ft
deration. They truly reprefented to him how that important fnfmed
place came to be brought intofuch exigencies, after fo vafi a 29 No/-
Treafnre expended to ma%e it fitful, and that nothing better l5Sa"

could

( 14 )

could be expeded of a Town, for the mofl part put under Popijh
G aver Hours-, and always fill'd with a Poptjh Garnfon. Thele
were evils in His Majeities own power to redrtfs, and thev
advifedhim to it ; nor did they reft there, butpromifetoafTift
him in defence of ir, as foon as ever they could be reafonably
iecured, that any Supply which they gave for that purpofe,
iliould not be ufed to Augment the flrength of our Popijh Adverfa-
riesy andto enrreafe our Dangers at home. They had more than
once feen Money imployed diredly contrary to the end for
which it was given by Parliament,& they had too good caufe of
fear it might befo again,and they knew that fuch a mifimploy-
ment would have been fatal at that time. But above all they
confidered the eminent dangers which threatned them with
certain Ruine at home j and therefore juftly thought, that to
leave the confideration of Englandto provide for Tawier, would
be to Ad like a Man that mould fend his Servants to mend a
gap in his hedge,when he faw his Houfe on Fire, and his Fami-
ly like to be coniumed in it. We are next tc Id that His Majeftv,
Offered to concur in any Remedies that could be proposed for the fe-
curityofthefroteftant Religion^ and we muft own that he did
indeed make fuch an Offer Joxii he was pleafed to go no further,
for thofe Remedies which the Commons tendred were reje-
cted, and thofe which they were preparing, were prevented
by a DiiToIution.

We have feen the great things which the King did on his
part,Iet us now refledl on thofe inftances which are iingled out
asfo many unfuitable returns of the Commons. They are com-
plained of for prefenting Addnffes in the nature ofRemonftrances
r.ither then Anfwers.Undcr what unhappy circumftances do we
find our felves, when our Reprefentatives can never behave
themfelves with that caution, but they will be mifinterpreted
at Court.If the Commons had return'dAnfwer to His Ma/efties
Meffages, without fhewing upon what grounds they proceed-
ded,they had then been accufed as men ading peremptorily 8c
without reafon j if they modeftly exprefs the reafbns of their
Refolutions, they are then faid to Remonft rate. But what the
Minifters would have this word Remonftrance fignifie, what
Crime it is they mean thereby, to charge the Commons with,
is unknown to an Englifh Reader.Perhaps they who are better
Critics and more French-men, know fome pernicious thing

which

( 15 )

which it imports. If they mean by a Remonftrance, a decla-
ring the Can es andReafons of what they do j it will not furely
be imputed as a fault in them, fince'tisa way of proceeding
which His Majefties Minifters have juftified by their own Ex-
ample, having in His Majefties name vouchfafed to declare the
Caufes andReafons of his Actions to his People.

But the Commons made Arbitrary Orders for taking Perfons
into Cttftcdjy for matters that had no Relation to Pnviledges of
Farliament. The Contrivers of this Declaration, who are (b
particular in other things, would have done well to have given
fome inftances of thefe Orders.

If they intend by thefe general words,to reflect on the Orders
made to take thole degenerate wretches into Cuftody, who
publifhed under their hands their Abhorrence of Parliaments,
and of thofe who in an humble and Lawful manner Petitioned
for their Setting, in a timeoffuchextream neceffity. Surely
they arc not in good earneft, they cannot beleive themfelves
when they fay, that thefe matter shad no Relation to Pr.viledges of
Parliament if the Priviledg of Parliament be concern'd when an
injury is done to any particular Member, how much more is it
torched when men ftrike at Parliaments themfelves, &- endea-

. to wound the very Conftitution? if this be faid with Re-
lation to Shsndw, who has fince troubled the World with fo
- y idle impudent Pamphlets upon that account, 'tis plain
that his Commitment was only in order to examine him about
t j Popifh Plot, and his indeavors to ftifle if, ( though his
co uemptuous behaviour to the Houfe deserved a much longer
C nrinement ) and 'twas infolence in him to An aign their ju-
Irice, becaufe they did not inftantly leave all their great De-
bates to difpatch the bufinefs relating to him.

Thompfon of Bnftjl, was Guilty of divers great Breaches of
Priviledge, but yet his Commitment was only in order to an
Impeachment, and aflbonasthey had gone through with his
Examination, they ordered him to be fet at Liberty, giving
iecurity to anfwer the Impeachment which they trad Voted
againft him. But is it a thing fo ft range & new to the Authors
of the Declaration, that the Hon. e of Commons mould order
men to be taken into Cuitody for matters not relating to Privi-
ledge. Have they not heard, that in the 4 Edw. 6. Criketoft
was Commited for confederating in an Efcape s that 18. fag.

Sir

(16)

Sir Francis Michel was Committed for Mifdemeanors, in pro-
curing a Patent for the forfeitures of Recognizances, together
with Fowles, Gerrard> and divers others, ( none of which were
Members of Parliament) that 20. fac. Dr. Harris was taken
into Cultody for Misbehaving hnuelf in Preaching j and that
3 Car. Burgejfe was Committed fur faults in Catechizing, and
Lcvct for preluming to exercife a Patent, which had been ad-
judged a Gieivance by a Committee of the Commons in a for-
mer Parliament.

Thci e would be no end of giving inftances of thofe Commit-
ments, which may be obferved in almoft every Parliament, ib
that the Houfe of Commons did but treadin the ftepsol their
Prcdectfibrs, and thefe forts of Orders w here not new, though
the Declaration take the Liberty to call them Arbitrary. The
Commons had betray'd their Truft, if they had notAfierted
the Right of Petitioning, which had been /uft before fhaken,
by fuch & fir ange Illegal and Arbritary Proclamation. '

But now we cometotheTranfcendent monftrous Crimes,
which can never be forgiven by the Minifters, the giving them
their due Character, which every man of underftanding had
fix'd upon them long before j the whqje current of their Coun-
cils being a full proof of the Truth of the Charge. But what
colour is there for calling thefe Votes illegal ? is it illegal for
the Commons to Impeach Perfons, whom they have good rea-
fon to judge Enemies to the King and Kingdom ? Is it illegal to
determine by a Vote( which is the only way of finding the
fenceof the Houfe) who are wicked CounfelIors& deferveto
be Impeached? Could the Commons have called the parties
accufed to make their anfwer before themfelves ? Had they not
a proper time for their defence when they came to their Trals,
& might they not have cleared their innocence much better,(if
they durft have put that in iflTue,) by a Tryal,then a DilToIution
of the Parliamen ? But fhould we grant that thefe Votes were
not made in order to an Impeachment,yet ftill there is nothihg
illegal, nothing ext; aordinary in them. For the Commons in
Parliament have ever ufed 2 ways of delivering their Country
from pernicious & powerful Favourites,the one is in a Parlia-
mentary courle of Jultice by Impeaching them, which is ufed
when they Judg it needful to make them publick Examples,by
Capital, or other high Puniihments,for the terror of others .-

The

( i7 ;

The other is by immediate Addrefs to the King to remove
them as unfaithfnl or unprofitable Servants. Their Lives their
Liberties or Eftates are never endangered, but when they are
proceeded againft in the former of thefe ways. Then bgal evi-
dence of their Guilt is neceffary, then there muftbeaproper
time allowed for their defence.In the other way the Parliament
Act as the Kings great Council,and when either Houfe obferve
that Affairs are ill adminiftred, that the advice of Parliaments
is rejected or flighted, the Courfe of Juftice perverted, our
Councelsbetray'd,Greivancesmultiplyed, & the Government
weakly and diforderly managed, ( of all which our Laws have
madeitimpofTible for the King to be guilty). They neceffarily
muft, and always have charg'd thofe who hadtheAdminittra-
tion of Affairs, and the Kings Ear, as the Authors of thefe
mifcheifs, and have from time totimeapplyed themfelves to
him by Addrefies for their Removal from his Prefence and
Councils. There be many things plain and evident beyond the
Teftimony of any Witnefles, which yet can never be proved in
a legal way. If the King will hearken to none but two or three
of his Minions, muft we not conclude that every thing that is
done comes from their Advice ? And yet, if this way of repre-
fenting things to the King were not allowed, they might eafily
fruftrate the enquiries of a Parliament. It is but to whifper
their Counfels, and they are fafe. The Parliament may be bufi-
ed in fuch great Affairs, as will not fuffer them to purfue every
Offender through a long Procefs; and bcfides there may be
many reafons why a man mould be turn'd out of a fervice,
which perhaps would nor extend to fubjeft him to punifhmenr.
The People themfelves are highly concern'd in the great Offi-
cers and Minifters of State, who are Servants to the Kingdom
as well as to the King. And the Reprefentatives of the People,
the CommonSjWhofe builnefs it is to prefent all Greivances, as
they are molt likely to obferve lboneft the Folly and Treache-
ry of thofe publick Servants, ( the greateft of all Greivances)fo
this Reprefentation ought to have no little weight with the Ret Part,
Prince. This was underltood lb well by H. 4. a Wife and brave f- H 4*
Prince, that when the Commons complain'd againft four of •^ k6'
his Servants, and Councilors, defiring they might beremo-
ved, he came into Parliament and there declared openly that
though he kuevv nothing againft them in particular, yet he was

C alfured

( il )

afiurec that what the Lords and Commons defired of him, was
forthegoodofhimfelfand his Kingdom; and therefore he did
comply with them, and banifh'd thofe four Perfons from his
Pretence and Councils, declaring at the fame time, that he
would do fo by any others who mould be near His Royal Per-
fon, if they were fo unhappy to fall under the Hatred and In-
dignation of his People. The Records and Hiftories of the
Reigns of Edward the rirft, Edrv. II. Edw. III. and indeed of
all other fucceeding Kings are full of fuch AddreiTes as thefe $
but no Hiftory or Record can (hew that ever they were called
illegal or Un-Parliamentary till now.

Then the Minifters durft not appeal to the People againft
their own Reprefentatives, but ours at prefent have either got
fomenewLaw in the point,orhave attained to a greater de-
gree of Confidence, then any that went before them. The beft
of our Princes have with thanks acknowledged the Care and
Duty of their Parliaments, in telling them of their Corruption
and Folly of their Favourites. E. I. E. II. H. VI. H. V. and
J2>^ EL never faild to do it, and no Names are remembred with
greater Honour in the Englifh Annals. Whilfttbediforderly,
the Troublefom and Unfortunate Reigns of H. III. Ed. II.
R. II. and H. the VI. ought to ferve as Land Marks to
warn fucceeding Kings from preferring fecret Councels to
the Wifdom of their Parliaments.

But none of the Proceedings of the Houfe of Commons,have
been more cenfured at Court, and with lefsjuftice, then their
Vote about the Anticipation of feveral Branches of the Reve-
nue.An objection which could proceed from nothing,but a to-
tal ignorance of the Nature of Publick Treafure in our own, &
all other Nations,which was ever efteem'd Sacred &Un-aliena-
ble.All the Ads of refumption in the times of H. IV. H, VI. &
ether of our Kings were founded upon this Maxim, otherwife
there could not be conceived any grofler injuftice, then to de-
clare Alienations to be void, which Kings had lawful power to
roake.lt was upon this Maxim that the Parliament declar'd the
Q *ant to the Pope of the yearly fumme of iooo marks, where-
vi\ th King^» had charg'd the Inheritance of the Crown,to be
Null. It was for this caufe that in the year 1670. His Majefty
procured an Aft of Parliament, to enable him to (ell the
Fee-Farm Rents j and it is the beft excufe that can be made

fOF

( 19 )
for thofe Minifters who in the year 1672. Advifed the poft-
poning of all payments to the Bankers out of the Exchequer,
that they judged all fecurities by way of Anticipation of the
Revenue, illegal and void in themfelves.

Refumptions have been frequent in every Kingdom, the
King of Sweden within thefe few Moneths, has, by the Advice
of the States,refumed all the Lands which His PredecelTors had
in many years before, Granted from the Crown. No Country
did ever beleive the Prince, how abfolutc foever in other
things, had power to fell or give away the Revenue of the
Kingdom, and leave his Succeflbr a Beggar. All thole Ads of
the Roman Emperors, whereby they wafted thelreafureof
the Empire, were refcinded by their Succelfors; andta
obferves, that the rirft of them thatlook't upon the public* ,
Treafureas his own, was CUudim the weaken and molt (ot-
tifiiofthemall. The prefent King of France did within thefc
twelveVears> bY the con(ent of his fcveral Pa"iamentF,re.ume
all the Demefnes of the Crown,which had been Granted away
by himfelf or his PredecelTors. That haughty Monarch, as
much power as he pretends to, not being afham'd to own that
he wanted power to make fuch Alienations,and that Kings had
that happy inability, that they could do nothing contrary to Traltte
the Laws of their Countrey. This notion feems founded in the JJ«£o-
reaton of mankind,fince Barbarifm it felf cannot Efface it The Rein^
Ottoman Emperours difpofe Arbitrarily of the Lives and Effaces ontcctte
of their Subjects, but vet they efteem it the moft deteitable bienbeu-
wickednefs, to employ the Tributes and Growing Revenues «#«■-
of the Provinces,( which they call the Sacred blood of the Peo Je £ fou,
pie • ) upon any other then publick occafions. And our Kings voir mnJ
H. IV and #7, underftood fo well the different power they fun <*nr
had in ufing their private Inheritances and thofe of the Crown, mUi
that they took care:by Authority of Parliament,to ieparate the £/ ?^;
Dntchy of Lancafter from the Crown, andtokeepthedefcent ?0jhlilM
of it diftind But our prefent Courtiers are quite of another dc R<b*
Opinion, who (peak of the Revenue of the Crown as ; if iMcfc
itwerea private Patrimony, and deiign'd only for domeftic
ufes, and for the Pleafuics of the Prince

The Revenues of the Crown of England arc in their own na-
ture appropriated to Publick Serviced therefore cannot with-
out inj iufticc be diverted or Anticipated. For either the Publick

C 2 Kevc~

(20)

Revenue isfufficient to anfwer the neceflfary Occafionsof the
Government, and then there is no color for Anticipation?, or
elfe by fbme extraordinary accident the K. is reduced to want
an extraordinary fupply, and then he ought to rcfort to his
Parliament. Thus wilely did our Anceftors provide, that the
K. and His People fhou!d have frequent need of one another,
& by having frequent opportunities of mutually relieving one
anothers wants, be fure ever to preferve a dutiful affection in
theSubjccl:,and a fatherly tendemefs in the Prince. When the
King had occafion for the Liberality of his People,he wo :ld be
well inclm'dto hear and rcdrefs their Grievances, and when
they wanted ea/e from Oppreflions they would not fail with
alacrity to iiipply the occafions of the Crown. And therefore it
has ever been efteem'd a crime in Councilors whoperiwadcd
the King to Anticipate his Revenue, and a Crime :n thofe who
furnifht Money upon men Anticipations in an Extraordinary
way, however extraordinary the Occafion might be. For this
cauie it was that the Parliament in the 3 y th.of //.S.did not on-
ly difcharge all thofe debts which the K. had contracted, but
enacted that thofe Lenders who had been before paid again by
the King,fhould refund all thofe fumms into the Exchequer,as
Judging it a reafbnable punifhment, to make them forfeit the
Money they lent, fince they had gone about to introduce fo
dangerous a Precedent.

The true way to put the King out of a poffibiUty of fttpporting
the Government, is to let him waft in one year that Money,,
which ought to bear the charge of the Government for feven.
This is the d red method todeftroy the Credit of the Crown both
Abroad and at Home. If the King refolve never to pay the
Money which he Borrows, what Faith will be given to Royal
Promifes, and the Honor of the Nation willfuffer in that of
the Prince,& if it muft be put upon the People to repay it, this
would be a way to impofe a neceflity of giving Taxes without
end, whether they would or no. And thereforefas Mercenary
as they were)the Penfioners would never difcharge the Reve-
nue of the Anticipations to the Bankers. Now the Commons
having the inconvenience of this before their Eyes in fo frefh
an inftance, & having their Ears fill'd with the daily cries of fo
many Widows and Orphans ; were obliged in duty to give a
PublicCaution to thepeoptexthat theyfliould not run again into.

the

(21 )

the fame error. Nor onely becaufe they Judged all Securities
of that kind abfolutelv void,but becaufe they knrw no future
Parliament could without breach ofTnilt repay that Money
which was at firft borrowed onely to prevent the Sitting of a
Parliament, and which could never be paid without Counte-
nancing a method fodeftruetive to our Conftitution. Nor have
former Parliaments been lefs careful & nice,in giving the leair.
allowance to any unufual ways of taken up Money, without
Common Confent,having (b very often declar'd that the King
cannot fupply his moft preiling NecelTities, either by Loans
or by the Benevolence of his Subjects, which by the exprefs i -R £.
words of the Statute are damned and annulled for ever. But eaf- *«
the Houfe of C immons were lb Cautious of giving any juft oc-
cafion of Cavil, that they reftrain'd their Votes much more
then they needed to have done : For they extended them only
to three Branches of the Revenue, all which were by feveral
Acl:s of Parliament given to his prefent Majefty. And furely
every one will agree, that when the King receives a Gift from,
his People, he takes it under luch conditions, and ought to im-
ploy if in fuch a manner, and for fuch purpofes as they direct.
We muft therefore confult the feveral Acts by which thofe
Branches were fettled -, if we would Judge rightly whether the
Commons had not particular reafons for what they did. The
Statute 12 Car. 2. c. ^. fays. That the Commons repofinglrnfi uc« *.
in his Majefly, for Guarding the Seas againfl all Ptrfons intend- f 4 4- ec*-
inr the difiurbance of Trade, and the Invading of the Realm to Arm* '*•
that intent do ^ive him th-e Tonnage and Pounda. e, cVc. This is
as direct an Appropriation as Words can make, and therefore
as it is manifeft wrong to the Subject,to divert any part of this
Branch to other ufes j So for the King to Anticipate it, is plain-
ly todifable himfelf to perform the Trnfi repafedin Him. And
the late long Parliament, thought this matter (b clear, that
about two years before their Diflblution,, they paiTed a Vote
with Relation to the Cuftoms, in all moft the fame Words. ti ^(tr, *;
The Parliament which gave the Excife were fo far from think- «. *j.
ing, that the King had power to charge or difpofe of it as his m
own, that by a fpecial claufe in the Aft, whereby they give it,
they were careful to Importer him to difpofe of it, or any part of
it by way of Farm^r.6. to Enact that fuch contracts JhaU Be effectu-
al inLaWffo a* they be not for a longer tirsc then three years. The

Aft,

Ad, whereby the Hearth-money was given, declares that it
Gir. c. 10 Yvas d°ne t0 tne end,f/W the pubic Revenue might be proportioned
' to the public Charge, and 'tis impofible that mould ever be,
whilft it is lyable to be pre-ingag'd and anticipated. And the
Parliament were (b careful to preferve this Tax always clear
and uncharg'd,that they made it penal for any one fo much as
to accept of any Penfion or Grant for years, or any other Eft ate, or
any fumme of A Ion. y out of the Revenue arijingby vertue of that
u4t~t,from the Kmg, His Heirs or Succejfors. Surely if thePen-
nersof this Declarationhad not been altogether ignorant of
ourown Laws ,and of the Policy of all other Countries 6V Ages
they would never have Printed thofe Votes, in hopes thereby
to haveexpofed the Commons to the World. They would
not have had the face to fay, that thereby the King was Expo-
fed to Danger }depriv:d of ' apojfibUity offupportmg the Govern-
ment-, and reduedto a more helplef condition then the meaneft of
Hu Subjects. This we are fure of, that if the inviolable ob-
ferving of thefe Statutes, will reduce His Majefty to a more
helplefs Condition then the meaneft of His Subjedts,he will ftill
be left in a better condition then the Richeft and Greateft of his
Anceftors, none of which were ever Mafters of fuch a Reve-
nue.

The H. of Commons are in the ne*t place accufed of a very
high Crime,the affuming to them'elves a power of fufpending
Ads of Parliament,becaufe they declared that it was their Opi-
nion, Tfjat the profecution of Proteftant Dijfenters upon the penal
Liws, is at this time grievous to the Subject, a weakning of ths
Proteftant inter eft, an m:ouragement to Popery, and dangerous to
the Peace of the Kingdom. The Minifters remembred
that not many years ago, the whole Nation was juftly
Alarm'd upon the affuming an Arbitrary power of fufpending
penal Laws, & therefore they thought it would be very popu-
lar, to accufe the Commons of fuch an Attempt.But how they
could poffible mifinterpret a Vote at that Rate,how they could
fay the Commons pretended to a power of repealing Laws,
when they only declare their Opinion of the inconveniency of
them,will never be underftood till the Authors of this are plea-
fed to/hew theirCaufes andReafons for it in a fecond Declaration*
Every impartial man will own,that the Commons had reafbn
for this opinion of theirs. They had with Great anxiety ob-

ferved

(23)
ferved that the prefent defign of thePapifts was not againft any
one fortofProteftants,but univcrfal, and for extirpating the
Reform'd Religion. They law what advantages thefe Enemies
made of our Divifions,6V how cunningly they diverted us from
pe rfecuting them, by fomenting our;ealoufies of one anether.
They law the ftrength and nearnefs of the King of France, and
Judged of his inclinations by his ufage of his own Proteftant
Subjects. They confidered the number,& the Bloody Principles
of the/r//fr,and what Confpiracies were form'd there,and even
Ripe for Executionjand that Scotland was already delivered in-
to the hands of a Prince,the known head of the Papifts in thefe
Kingdomes,and the Occafion of all their Plots and Infblencies,
as more then one Parliament had declared. They could not
but take notice into what hands the molt confiderable Trufts
both Civil and Military where put,and that notwithftanding
all Addre(Tes,& all Proclamations for a ftrict Execution of the
penal Laws againft Papifts, yet their Faction fo far prevailed,
that they were eluded, and only the diflenting Protefiants
fmarted under the edge of them. In the midft of fuch circum-
ftances was there not caufe to think an Union of all Proteftants
neceflfary, and could they have any juft ground to believe that
the Diffenters,whilftrhey lay under the prefliircs of fevere
Laws,(hould with fuch Alacrity and Courage as was requi-
iue, undertake the defence of a Countrey where they were
fb til treated ? A long and fad Experience had fhew'd,how vain
the endeavours of former Parliaments had been to force us to
be all of one Opinion,and therefore the Houfe of Commons re-
folv'd to take a fure way to make us of one Affection. They
knew that fbme bufie men would be firiking whilft there were
weapons at Hand,and therefore to make us live at Peace,they
meant to take away all occafions of provoking or being provo-
ked. In order to a general Repeal of thefe Laws, they firft
came to a Vote declaring the necefTity of it,to which there was
not one Negative in the Houfe : A Vote of this nature does for
the molt part precede the bringing in of a Bill,for the Repeal
of any General Law. And it had been a great preemption in a
particular Member to have asked leave,to have brought in a
Bill for Repealing fo many Laws together,till the Houfe had
firft declar'd that in their opinion they were Grievous & Incon-
vement, No En^hjh man could be fo ignorant of our Laws, none

but

( H)

but a Frenchman could have confidence to declaim againft a
j roceeding (b regular and Parlimentary as this.Where was the
difregard to tbt Laws Eftablfoed, for the Commons to attempt
the abrogating of a Law that is Gricvom to the Subjett^nd dan-
gerous to the Peace of the Kingdom? Is it a fujp ending jiUts of
Parliament } if they declare a Law to be Grievous and dangerous
in their Opinion, before they fet about the Repeal of it ? And is
there any ground to doubt but that a Bill would have pafs'd
that Hou!e,purfuant to this Vote,had it not been prevented by
a Diffolution? Nor was there the leaft direction or fignification
to the fudges, which might give any occafion for the Reflection
which follows in the Declaration. The due and impartial Exe-
cution of the Laws is the unqueftionable Duty of the Judges,
& we hope they will always remember that duty fo welf,as not
to necellitate a H. of Commons to do theirs, by calling them
to Account for making private Inftructions the rule of their
Judgments, and acting as men who have more regard to their
Places then their Oaths.'Tis too well known who it is that fbll!-
cites and manages in favor of Judges, when a H. of Commons
does demand Juftice againft them, for breaking their Oaths.
And therefore the Publifhers of this Declaration had faid
fomethingwell, if when they tell us the Judges ought not to
break their Oaths in Reverence to the Votes of either H. they
had been pleafed to add, not in refpeet of any Command from
the K.or Favorites.Then we fhould have no more Letters from
Secretaries of State to Judges fitting upon the Bench.Then we
fhould have no more Proclamations 1 ke that of the 14th 0#.
1662. Forbidding the Execution of the Laws concerning High-
ways. Northatof the 10th. of May, 1672. Difpencing with
divers claufes in the Acts of Parliament for increafe of Ship-
pingjNor a ny more Declarations like that of the 1 $\of Marchy
1672. Sufpending the penal Laws in matters Ecclefiaftical,

But the Judges are fworn to execute all Laws, yet their is
no obligation upon any man to inform againft another. And
therefore though the Minifters prevented the Repeal of thofe
Laws/tis to be hop d that this Vote will reftrain every Englifh-
manfrom profecuting Proteftants, when fo wife and great a
body have declared the pernicious effects of fuch aprofecution.
Tisrc.oft true that in Englandno Law is abrogated bydefue-
tude, but it is no'lefs true that there are many Laws ftill unre-
pealed

( *5 J

peal'd which are never Executed, nor can be without publick
detriment. The Judges know of many fuch dormant Laws,
& yet they do not quicken the People to put them in Executi-
on, nor think themfelves Guilty of Perjury that they do not,
fuch are the Laws for wearing Caps, for keeping Lent, thofe
concerning Bowes and Arrows, about killing Calves, and
Lambs, and many others. And thofe who vex men by Infor
mation on fuch antiquated Laws,have been ever Iookt upon as
Infamous, and Difturbers of the publick quiet. Hence it is that
there are no Names remembred with greaterdetcftation than
thofe ofEwpfon and Dudley, the whole Kingdom abhor'd them
as Monftersin the time of//. VII. and they were punihYd as
Traitors in the Reign of his Son.

The alteration of the circumftances whereupon a Law was
made, or if it be againft the genius of the People, or have
effecls contrary to the intent of the makers,will l'bon caufe an v
Law to be diluted, and after a little difufe, the reviving of k
will be thought OpprefTion.Efpecially if operience has (hewn
that by the non Execution, the quiet, thefafety, and Trade ot
the Nation have been promoted j of all which the Commons,
who arc fent from every part of the Kingdom,are able to make
the cleareft Judgment. Therefore after they have declared
their Opinions of the Inconvenience of reviving the Execution
of thefe Laws, which have lain afleep for divers years, tho the
Judges muft proceed, if any forward Informers mould give
them the trouble, yet they would not a& wifely or honeftly if
they fhould Encourage Informers, or quicken Juries by ftric~t
and fevere charges.Efpecially if it be confidered that the Lords
alfowere preparing Bills in favor of Diffenters, and that the
King has wilh'd often it was in his power to eafe them. So that
tho there be no Ad of Repeal formerly paired, we have the
confent anddefireof all who have any fhare in making Afts.
But let this Vote have what confequence it will, yetfurethe
Minifters had forgor that the Black Rod was at the door of the
Houfe, to require them to attend His Majefty at the very time
when it was made, otherwife they would not have nnmbred it
am >ngft the caufes, which occasioned the Kinrtopirt with that
Parliament. And thofe that knew His Majefty was putting on
his Robes before that Vote paired, might irmgine a Diflbluti-
onthusforfeen, might occafion it, but cann.-t be brought ro

L) beteive

( 26 )

A^A- t,',a-t the Vote which ,vas not ^ Mm could pre fin„
he EWBJutwn. Theft are the •***« fiS£

wh,ch they prevailed with His Majefty ,. paTIil'? lZ
fince.t „ evident upon Examination that theTrinc iole 'of
Conft.tufon.the method of ParIiaments,a^th"M&« r
every Age, were their Guide and Warrant in a I fh r. ? °f
furely theK. ,rauft needs bealikeoffi: ,h leMenZnr
him, forperfwad ng him toDilfolvethar P^ i;„~ • , out

cl pretended caufe as every man almort ices throuST* ^
trn ed only to cover thole Reafons which thev rinrfr „„i 7>
But with what face can they ob/eft to he Houfe of r ?*"*

E»"»"stoth<:KmgmitKmgJcm%-h?ndt the fame 111 I
arrogate to themftlves an Unheard of Au horitvt AeSL V
of the three Eftates in the face of the World rL r *" °ne

H nfr hnr } ^° aCCUft a Prcte,lded Faft-s rarty n "he

w Me H " rf r ' anV 8° f° high as °Penl>' to R<ffir he

wnoleH. of Common asaFaftion mnrh U * 7, ne

c b no'w "ere K^ tWngS "V ?**wS

(*7)

*lnt His Majeftv fingly ordered when he fate in Council, and
rameforthwithluttheltarnp of the great Seal, gave them a
fufficient warrant to read it publickly.

Clcre '-men feldom make Refleftions of this kind teait they
mould be thought to difpute the commands of their bupenors.
It hath been obferved.that they who allow unto them elves the
ibery of doub.ing,advance their fortunes very llowly, wh, it
fuch who obey without fcruple, go on with a fuccefs equal to
their Ambition. And this carries them on without fearor (hame,
and MUttle thought of a Parliament, as the Court Favorites
who took care to Dilfolve that at O^^before they clurft tell

which they f:^DMvdalLM^eMa. IheMinifters
^eempW^ftre forty days in chafing Knights and
BurS o be fent homein eight, with a Declaration after
them as f they had been called together only to be affronted.
The Declaration doth not tell us of any gracious expreflion.
£a*1 theooenirn'of that Parliament, perhaps becaulethe
ftore was exhS ed bv the abundance which His Ma,eif y was
plcafcd o bXw on them in his form' r Speeches But we
Wnt tc believe that His Maieff.es Hear, was as full of them
as fver and if he d.d not exprefs them, its to be imputed unto
rh MtaSffl who diverted him f om his own mctmaaons, and
theMinilters,wn ;, ,hatday unknown unto

Pari— The GracTous Speech then made,* the Gracious
ueciarduun i» ,. mpPpr(hn^ t >foave been Authors of both.
C^ffiTK " &* Sood ulvice UIK„

theRy %££2^&£*"> hear lt cto»d u| on thT

as a ' unptnlSk dabbedience,that they did not oble ,u o, ly
S that irregular Command,of not touching on thclu-

( 28 )

fines of the fuccefion. Shall two or three unknown Minions
take upon them, like the Lords of the Articles of Scotland, to
prefcribe unto an Englifh Parliament what things they mall
treat off? Do they intend to have Parliaments inter inftrttmenta
fervitutis^s the Romans had Kings in our Country ? This would
quickly be, if what was then attempted had fucceeded, and
mould be Co purflied hereafter, that Parliaments mould be di-
rected what they were to meddle with, and threatned if they
do any other thing- For the lofs of Liberty of Freedom of de-
bate in Parliament,will foon and certainly be followed by a ge-
neral lofs of Liberty. Without failing in the refpect which all
good Subjects owe unto the King, it may befdid that His Ma-
jerty ought to divert himlelf of all private inclinations/and force
his own Affections to yeild unto the publick concernments: And
therefore His Parliaments ought to inform him impartially, of
that which tends to the good ofthofe they represent, without
regard ofperfonal paffions, and might worthily be blam'd, if
they did not beleive,that he would forgo them all for the fafety
of his people, Therefore if in itfelfitwas lawful topropofea
Bill for excluding the Duke of r^from the Grown, the doing
it after fuch an unwarrantable lignirication of his pleadire
would not make it otherwise. And the unufiial ftifnes which
the King hath mown upon this occafion, begins to be iufpected
not to proceed from any fondncs to the PerTbn of his Brother,
much lefs from any thought of danger to theEnglifh Monarchy
by fuch a Law, but from the influence of fome few ill men up-
on his Royal Mind, who being Creatures to theDuke,or Pen-
fionersto France, are leftlefs to prevent a good underftanding
betwen the King and his people ^ juftly fearing that if ever he
comes to have a true fence of their affections to him, he would
deliver up to juftice thefe wicked wretches, who have infected
him with the fatal notion,that thcinterelts of his people arc
not only diftinct but oppofite to his.

H.sMajefty does not leemro doubt of his power in con jun^-
ction with his Parliament, to exclude his Brother. He very
well know's this power hath been often exerted in the time of
his Predeceffors. But the reafon given for his refufal to comply
with the interefts and defires of his Subjects,is, becaufe it was
a point which concerned him fo near in Honour, Juftice and
Confcience, Is it not honourable for a Prince, to be True and

Faith-

Faithful to his Word and Oath? To keep and maintain the
Religion and Laws eftablifhed ? Nay can it be thought difho-
nourableunto him, to love thefafety 6V wel-fare of his People
and the true Religion eftablifhed among them,above the Tem-
poral Glory and Greatnefs of his perfonal Relations? Is it not
juft, in conjunction with his Parliament,for his Peoples fafety,
to make ufe of a power warranted by our Englifh Laws,& the
examples of former Ages ? Or is it juft for the Father of his
Countrey, to expofe all his Children to ruine out of fondnefs
unto a Brother ? May it not rather be thought unjuft to aban-
don the Religion, Laws and Liberties of his People which he is
fworn to maintain and defend, and expofe them to the Ambiti-
on and Rage of one that thinks himfelf bound in Confcience to
fubvert them?If His Majefty is pleafed to remember what Re-
ligion the Duke profeffeth,can he think himfelf obliged in Con-
fcience to fuffer him to afcend tbeThrone,who will certainly en-
deavor to overthrow it, and fet up the worft of Superftitions
and Idolatry in the room of it ? Or if it be true that a ^obliga-
tions of Honor J uftice and Confcience, are comprehended in a
grateful return of fuch benefits as have been received, can His
Majefty believe that he doth duly repay unto his Proteftant
Subjects, thekindnefs theyfhewed him, when they recalled
him from amiferable helplefs banifhmenr, and with Co much
dutiful affection placed him in the Throne, enlarged his Reve-
nue above what any of his Predeceffors had enjoyed,and gave
him vafter fums of Money in twenty years, than had been be-
ftowed upon all the Ks. fince William the frft ■, mould he after
all this deliver them up to be ruin d by his Brother ? It cannot
be faid that he had therein more regard unto the Government,
than to the Perfon, feeing it is evident the Bill of exclufion had
no ways prejudiced the legal Monarchy, wch his Majefty doth
now enjoy with all the Rights and Powers which his wife and
brave Anceftors did ever claim,becaufe many Acts of the like
nature have paffed heretofore upon lefs necefTary occafions.

The prefervation of every Government depends upon an
exact adherence unto its Principles,& the efTential principle of
the Englifh Monarchy ,being that well proportioned diftributi-
on of Powers, whereby the Law doth at once provide for the
greatnefs of the King,and the fafety of the People,the Govern-
ment can fubfift no longer, than whilft the Monarch enjoying

the

(3°) . .

the Power which the Law doth give him, is enabled to per-
form the part it allows unto him and the People are duly pro-
reeled in their Rights and Liberties. For this reafon our An-
ceiiors have been always more careful to preferve the Govern-
ment inviolable, than to favour any Perfbnal pretences, and
have therein conformed themfelves to the practice of all other-
Nations, whofe examples deferve to be followed. Nay, we.
know of none fb fluvimly addicted unto any Perfon or Family, '
as for any rea(on whatfoever, to admit of a Prince who openly
profefleda Religion contrary to that which was eltablifhed
amongft them. It were eafie to alledge multitude of examples
of thofe who have rejected Princes for reafons offar leCs weight
then difference in Rehf on,as Robert of Normandy , Charles of
LorraintAlpbo}ifodid'Jheradadooi Spain; but thofe of a latter
date,againlt whom there was no other exception than for their
Religion, fuiteth better with ouroccafion. Arn<,ngwhomitis
needlefs to name Henry of Bourbon, who th ugh accomplifhed
in all the vertues required in a Prince js by the general Af-
femblyoftheEftate at Blois declarer* uncapableof liicceffon to
the Crown of France, for being a Proteftant. And notwith-
standing his valour, induftry, reputation and power increafed
by gaining four great Battails, yet he could never be admited
King,til! he had renounced the Religion, that was hisobftacle.
And Sigifmund Son offohn of Sweden, King of that Country by
Inheritance, and of Po/andby Election, was deprived of Ins He-
reditary Crown, and his Children difinherited onh- for being a
Papiit,& acting conformably to the Principles of that Religion,
though in all other refpect he deferved to be a King and was
moft acceptable unto the Nation.

But if ever this Maxim deferved to be confidered furely it
was in the cafe of the Duke of Torki The violence of his na-
tural temper is fufficiently known : His vehemence in exalting
the Prerogative ( in his Brothers time ) beyond its due bounds
and the principles of hisReligion which carry him to all imagi-
nable excefles of cruelty, have convinced all mankind that he
muft be excluded, or the Name of King being left unto him,
the power put into the hands of another.Thc Parliament there-
for e confidering this, and obferving the precedents of former
ages, did wifely choole rather to exclude him, than to leave
him the Name, and place the power in a Regent. For they

could

could not but look upon it asfolty, to expect thatone of his
temper, bred up in fuch principles in politicks, as made him in
love with Arbitrary power, and bigotted in that Religion,
which illewife propagates it (elf by Blood,would patiently bear
thefe (hackles, which would be very difguftful unto a Prince of
the molt meek difpofition.And would he not thereby have been
provok't to the utmoft fury and revenge, againft thofe who
laid them upon him ? This would certainly have bread a con-
teft, and thffe limitations of power propofed to keep up the
Government, muft unavoidably have destroyed it,or the Nati-
on, (which neceflity would have forced into a War in its own
natural defence )muft have perilhed either by it or with it. The
fucctfs of fuch controverfies are in the hand of God, but they
are undertaken upon too unequal terms, when the People by
victoiy can gain no more, than what without hazard maybe
done by Law, and would be ruin'd if it fbould fallout other-
wife.The Duke with Pa pifts might then make fuch a peace, as
the Romans are laid to have made once in our defolated Coun-
trey, by the (laughter of all the inhabitants able to make War,
& ubi [olrtitdtnemfaciHKt pacem appellant. This is the happy ftate Tac'
they preient unto us, wh .condemn the Parliament for bring-
ing in a Bill of Excluhon This is the way to have fuch a
peace as the Spaniards, for the propagation of the Gofpel made
in thcW.fi Indies, at the inftigation ofthe J< uiites, whogo-
vern'd th ir Ccuncels. And feeing they have the Duke no
lets under their power and directions, we may eafily beleive
they wonld put him upon the famemethods. But as it is not
to be imagined,that anv Nati >n that hath vertue,courage and
(trength equal unto the Englifh, will io tamely expect their
r.ime,(6 the pairing a B.ll to exclude him may avoid,but cannot
(as the Declaration phrafeth it ) efrablifh a War. But if there
mutt be a War, let it be under the Authority of Law, let it be
againft a ban fhed excluded pretender. There is no fear of the
confequence of fuch a War. No true Englifhman can joy n with
him, or countenance his Ulurpation .after this Act} andforhis
Popifhandforreign adherents, they will neither be more pro-
vok'd, nor more powerful by the pafTing of it. Nor will his
Exclufion make it at all neceffarj to maintain a standing force,,
for prefervini th: Government, and the pc ce of the Kingdom,
The whole People will be an Army for that purpofe, and every

Heart

( 3» )

Heart and Hand will be prepared to maintain that fo necefiary,
fo much defired Law. A Law for which three Parliaments,
have been fb earneft with His Majefty, not only in pursuance
of their own judgments, but by the direction of thofe that fent
them. It was the universal Opinion of the Papifts, that Mary
Queen of Scot s, was excluded only by an Acl; of Parliament,
and yet we fee Queen Eliz,a6eth Reigned Glorioufly and Peace-
ably forty years, without any ftanding force. But our Mini-
fters do but diffemble with us, when they pretend to be fb
much afraid of a ftanding Army. We know how eagerly they
have deiired , and how often they attempted to eftablim one.
We have feen two Armies railed with no other defi^n, as has
been fince undeniably proved, and one of thofe they were fo
loath to part with, that more than one Act of Parliament was
neceflary to get it disbanded. And fmce that, they have increa-
fed the Guards to fuch a degree, that they are become a for-
midable ftanding force. A thing fb odious to a free People,
that the raifing of one fmgle Regiment in Spain, within thefe
fix years, under colour of being a guard for the Kings Perfon,
fo inflamed the Nation,that a Rebellion had enfued,if they had
not been disbanded fpeedily. The Nobility and Gentry of that
Kingdom, looking upon themfelves as their Kings natural
Guard, fcorned that fo honorable a Name (hould be given to
Mercenaries.

But as His Majefty was perfwaded to refblve againft the ex-
pedient propofed, to fecure our peace by excluding the Duke,
fb it is evident that nothing was intended by thofe other ways,
which were darkly and dubioufly intimated in His Majefties
Speech unto the Parliament at Oxfor J,znd repeated in the De-
claration j and His Majefty in his Wifdom could not but know-
that they fignified nothing. And thofe who fpake more plainly
in propofing a Regency as an expedient,did in publick and pri-
vate declare, they believed the Duke would not conferit unto
it, nor unto any unufual reftriction of the Royal Power. So
that they could have no other defign therein, than a plaufible
pretence to delude the Parliament and People.Some Rich con-
federation induced them to revive the diftinction between the
Kings perfonal and politick capacity, by feparatingthe power
from the Perfon,which we have reafon to believe they efteem-
ed unfeafable. However it is more than probable that the Jc-

furies,

\

kites, fa/uifts, and Popifh Lawyers would rejvd ir, as well as
anythingellr that might preferve us from falling under his pow-
er. And tht Pope who could abfolve King John, Henry the
third and others, from the Oaths they had taken, to preferve
the Rights and Liberties of their Subject, might with the fame
falicity diflblve any that the Duke fhould take. And as our
Hiftories teftifie v\hat bloody Wars were thereby brought up-
on the Nition, we have reafon to believe, that ifth- like fhould
again happen, it would be n ore fatal unto us, when Religion
is concerned which was not then in q>_kftion. Would not his
Confejfor foon convince him, that all Laws made in favour of
Herefie are void? Aid would he nor be liable to the heavieft
Curfes, if hefuffered his power to be uf. d againft his Religion?
The little regard he hath to Laws whilft a Subject, is enough to
inftrudus what refped he would bear to them if he fhould be a
King. Shall we therefore fuffer the Royal Dignity to defcend
on him, who hath made ufeof all the power, he has been en-
truft d with hitherto, for our dtftruftion? And who fli.ll exe-
cute this great Truft ? The next Heir may be an Infant, or one
willing to furrerd.rir into his bands. But fhould it beotherwife,
yetftill there is no hope of having any fruit of this expedient
without a W.- r, and to be obliged to fwear Allegiance to a Pepifh
Prince, to own his Title, to acknowledge him Supream Head of
the Church, and defender of the Faith, fe«.ms a very ftrange way
of Entitling our felves to fight with him.

The two reafbns which the Declaration pretends to give
againft the exclufion, are certainly of more force againft the ex-
pedient. A^Andirg Force would have been abfoluuly necejfa-
ry , to haveplac'd and kept the AdmwiflrationSn ^roteftant
bands ^ and the Monarchy it [elf bad been deftroy'd by a L^tr,
which was to h ve taken all fore of Power from the King, and
made him not fo much as a Duke of Venice. How abfurdly and
incoherently do thefe men difcourfe? Sometimes the Govern-
ment is fo Divine a thing, that nohuman Liw can lelTcn or take
away his Right, who only pretends in Succcffion, and is at pre-
fent but a Subjcft. Put it other times they tells us of Ads of
Pitliamentto banifh him out of his own Dominions, to d privc
him of all power, of his whole Kingfhip after he (hall be in pof-
■felVion of the Throne. The cheat of this expedient appear d fo
grofsinihe Houfe of Commons, that one of the Dukes pro-

E tiffed

(34)
ffcfltd VaiTals,who had a tittle more Honour than the reft, was
afham'd of it, and openly renounced the project which they had
been forming folong, and thought they hid fo Artificially difgui-
fed. But though it was fo well expofed in the Houfe, yec the
lyliniftcrs thought the men without doors might be ftiU deceived,
•nd therefore they do not blufh to value themfclves again upon it
in their Declaration.

As for the insinuation which follow's, that there was reafon
to belcive that the Parliament would have pajfed further to attempt
oiher great and important Changes at prefent* If it be meant any
change of the Conftitution of the Government, 'tis a malicious
fuggefticn of thofe men, who are ever inftilling into His Ma-
jeft'es mind ill thoughts of his Parliament, fince no Vote nor
Proportion in euhtr Houfe could give any ground for fuch fufpi-
cion, and therefore in this matter the People may juftly accufc
the Court, ( who fo often cry out againft them for it) of being
moved bycaufelefs Fears and Jealoufies. And for His Maj fty
to be perfwaded to Arraign the whole Bcdy of bis Poeple, upon
the ill grounded furmifes, or malicious and falfe fuggeftions of evil
and corrupt men about him, doth neither well become the Ju-
ftice of a Prince, nor is agreeable to themeafures of Wiftiom,
which he fhould Govern himfelf, as well as Rule his Poeple by*
And if an attendance to the flanderom accufations of Perfons,
who hate Parliaments, becaufe their Crimes are fuch that they
have reafon to fear them, govern and fway his Royal mind,
there can never~want grounds for the DifToluiion of any Parlia-
ments. £ut if they mean by attempting gnat and impor.ant
Changes, that they wouid have befought His Majefty, that the
Duke might no longer have the Government in his hands, that
his dependents fhould no longer prefide in his Councils, no lon-
ger poiTefs all the great Tsufts and Offices in the Kingdom,
that our Ports, cur Girrifons, and our Fleets fhould be no
longer governed by fuch as are at his Devotion, that Characters-
of Honour and Favour fhould be no longer plac'd on Men, that
the Wifdom of the Naiion hath judged to be Favourers of Po-
pery, or Penfioners of France. Thcfewere indeed gre t and
important Changes , but fuch as it becomes Englifh men to be-
lieve were defigned by that Parliamenr. Such as wilJ be de-
signed and preft for by every Pailiament, and fuch as the People
will ever pray may at hft find fuccefs wi;h the King. Without

tbt f* .

00

chefc Changes, the Bill of Exclufion would only provoke, not
difirm our Enemies,nay the very Money which we rauft have piid
for it, would have been made ufe of to ficure andhaften the Dukes
return uponu?.

Wc are now come to the consideration of that only fault
which was peculiar to the Parliament at Oxford, and that was
their behaviour in relation to the bufinefs of Fitz.tHarris. The
Declaration fays, he was iwpeachedof High-T,eafon by the Com*
monSy and they had caufe to think his Treafons to be of fuch an
extraordinary Nature, that they well defcrved an Elimination
in Parliament,, YarFitz.- Harris a known ItiJIi Papift. appear 'd
by the Informations given in the Houfe, to be made ufe of by
fomc very great perfons tofet up a counterfeit Proteftant Con-
fpiracy, and thereby not only to drown the noife of the Popifii
Plot, but to take off the Heads of the moft eminent of thofe,
who Mill refufed to bow their knees to Baal. There had been
divers fuch honeft contrivances before, which had unluckily
fail'd, but the principal contrivers avoided the difcovery, as the
others did the punifhment •, in what manner, and by what help*,
the whole N tion is now pretty fenfible. Being warned by this ex-
perience they grew more cautious than ever, and therefore thac
rheTreafon which they were to fet on Foot, might look. as un-»
like a Popifri Defign as was pofFlble, they fram'd a Libel full of
the moft bitter invectives againft Popery and the Duke of Tork.,
It carried as much fecming zeal for the Proteftant Religion, as
Coleman's Declaration^ and as much ere and concern for our
Laws, as ihzPenntrsoi this Declaration would feem to have*
But it was alfo filled wiih the moft fubtile infinuattons , and the
fiarpeft exprtffionsagainft His Majefty that could be invented,
and wi>h dired and paffionate incitements to Rebellion. This
Paper was to be conveyed by unknown Meflengers, to their
hands who were to be betray 'd, and then they were to be fciz-
ed upon, and ihofe Libels found about them, weretobea con-
firmation of the Truth of a Rebellion, which tluy had provid-
ed WitntiTes to fwear was defigned by the Proteftants, and had
before prepared men to believe by private whifpers. And the
■credit of this Plot fhould nodi uSc have been foon confirmed, by
fpeedy Juftice done upon the pretended Criminals. Put 3swell
laid as this contrivance feems to be, yet it fpoke it felt" to be of a
Popifh extraction, Tis a policy the Jefuites bavs often ofed,

F i tc

(JO

to divert aftorm Which was falling upon themfelves, Accordingly
heretofore they had prepared both Papers and Witneffes, to have
made the Puritans guilty of the Gunpowder Treafon, had it fuo
cecded 3s they hoped for.

The hainous nature of the Crime, and th* greatnefs of the
Perfons fuppofed to be concern d, deferved an extraordinary
examination, which a Jury, who were only to enquire whether
Fitz.-Harris was guilty of framing that Libel, could never
make ^ and the Commons believed none but the Parliament was
big enough to go through with. They took notice that the
Zeal or courage of inferiour Courts was abated, and that the
Judges at the Trial of Wukeman m&Gafcoign (however it came
to pafs ) behaved t emfelves very unlike the fame men they
were, when others of the Plotters had been Trycd. They had not
forgot another Plot of this nature difcovered by Dangerfield,
which though plainly proved to the Council, yet was quite,
fliflcd by the great dejigence of the Kings Bench, which ren-
dred himas an incompetent Witnefs. Nor did they only featj
the perversion of Juftice, but the mifapplication of Mercy too. .
For they had feen that the Mouths of (jadbnry and others, as*
Coon as they began to confefs, were fudd.unly ftopt by a gracious*
Pardon. And they were more jealous than ordinary in this
cafe, becaufc when Fitz.-Harrit was inclined t» Repentance
and had begun a Confefiion, to the furprize of the whole King-,
dom, without any vifible eaufe, he was taken out of the lawful
Guftody of the Sheriffs, and fliut up a dofe Prifoner in the.
Tower* The Gommuns therefore had no other way to be fe-
cure that the Profcution fhould be effectual, the judgment in*
different, and the Criminal out of all hopes of a Pardon ( unlefs
by an ingenuous Confefiion he c uld engage both Houfes in,
a powerful Mediation to His Majdly in his behalf ) but by im-
peaching of him4 They were fure no Pardon could flop their
fuit, though the King might releafe his own Profecution by his
Pardon*

Hitherto the Proceedings of - the Commons in this bufinefs
could not be lyable to exception, for that they might lawfully
Impeach any Commoner before the Lords, was yet never doubtr
ed. The. Lords themfelves had agreed that point, when the
day before they had fent down the Plea of Sir WitlUm Seroggs
to an Impeachment of Treafon, then depending before therr^

And

N7

in)

And they are men of ftrange confiJcnce, who at this time of
day take upon them to deny a Jurifdi&ion of the Lords, wh'ch
hath been pra&iLd in all times without controul, and fuch a
fundamental of the Government, that there could be no fecuri-
ty without it, Were it otherwise, it would be in the power of
the King, by making Commoners Minifters of State, to fub-
vert the Government by their contrivances when he pleafed.
Their greatnefs would keep them out of the reach of ordinary
Courts of Juftice, and their Treafons might not perhaps be.
within the Statutes, but fuch as fall under the cognifance of no
other Court than the Parliament ; and if the People might not
of Right demand Juftice there, they might without fear of pu-
ruihment, aft the moft deftrudive villanies againft the King-
dom.

As a remedy againft this evil, the Mlrrour of Juftice tells us, c*'- T"
that Varliaments were ordained to hear and determine all Com- e ' "
f taints of wrongful AU s, done by the Kingy Queen, or their Chil-
drenyand fuch others againft whom common Right cannot be had
tlfewhere. Which as to the King, is no otherwife to be un-
der flood, than that if he erre by illegal perfonal Commands.
or Orders, he is to be admonifhed by Parliament, and Addreffed
unto for remedy, but all others being but Subjects, are to be pu-
Bifhed by Parliaments, according to the Laws of Parlia*
ments.

If the ends were well confidered for which Parliaments were
ordained, as they are declared in the Statute 5 Item for main-
tenance of thefaid Articles andStatutest ( viz.. Magna Charta,
&c.J a Parliament (hall be holden every year, by them as well
as by the forgoing ancient Authority, none could be de* I6 Ed. ?•
ceived by the Parliament Rol, of 4 Ed. 3. Where it is men* J^* Pa>.,^
tionedas accorded between the King and his Grands ( that is ^ rj. ?,'
his Lords ) that Judgement of death, given by the Peers Nk, 6.
againft Sir Simon de Beresf 'or d, Matrever, and others, upon the
Murder of King Ed. 2. and his Uncle, fhould not be drawn
into example, whereby the Peers might be charged to judge
others than their Peers, contrary to the Law of the- Land, if fuch
a cafe fhonld happen. For whereas from this Record, fome
would periwade us that the Lords are difcharged from judging
Commoners, and that our ancient Government isaltcr'din this
cifeby that Record, which they fay is an Ad of Parliament,

" The

08)

The rtile and form of it is To different from that which is ufed in
A els of Parliament, that many are inclined to beleive it to be no
other thing, than an agreement between the King and the Lords*
But to remove all future fcruples in the cafe, let it be admitted to
be an A& of Parliament, and if there be nothing accorded in it,
to acquit the Lords from tryipg Commoners Impeached btfore
them by theComuons in Parliament, then we hope that fhame
will flop tbeir mouths, who have made fuch a noife againft the
Commons with this Record. Fir/}, it is evident from the Roll
it felf with other Records, that the Lords did judge thofe Com-
moners contrary to the Law of the Lsnd, that is, at the in*
fiance of the King, and the Profecuiion of their Enemies, with-
out the due courfe of the Lav/ ; or calling them to make their
defence, and (for ought appears^ wuhout legal Teftimony,
Secondly, It is evident, that they were driven upon this illegal
proceeding, by the Power and Authority of the King, and fome
Profecutor«, who earneftly preffed the Lords thereunto, up*
on pretence of fpeedily avenging the blood of the former King
and his Uncle. So that the judgement was given at the Kings
fuit, in a way not warranted by the Law and Cuflom of Parlia-
ment, or any other Law of the Kingdom. Surely when the
Lords blood was fuffered to cool, they had reafon to defire
fomething might be left upon Record, to preserve them for the
fururc from being put upon fuch fhameful work, though fuch a
cafe as the Murder of a King fhould again happen, as it feems
they did not fear to be pTeffed in any other, fo to violate the
Laws, But Thirdly, There is not a word in the Record, that
imports a reftriftion of that lawful Jurifd'ftion, which our Con-
stitution placeth in the Lords to try Commoners, when their
cafes fhould come before them lawfully, at the iuit of the Com-
mons by Impeachment. There is no mark of an intention to
change any part of the ancient Government, but to provide
againft the violation of it, and that the Law might Hand as be-
fore notwithftanding the unlawful Judgment they had lately
given. So that the queftion is ftill the fame, whether by the
Law of the Land, that is the Law and Cuftom of Parliament, or
any other Law, the Lords ought to try Commoners Impeached
by the Commons in Parliament, as if that Record had never
been. And we cannot think that any man of fence, will from
that Record make an argument in this point, fince it could be no

better

(59)

feetter than to infer, thit becaufc the Lords are no more to bt
prefikd by the the King, or at his fuit, to give Judgement againfl:
Commoners contrary to the Law of the Lind, when they ire not
Impeached in Parliament, therefore they cnuft give no judg-
ment againft them at the fuit of the Commons in Parliament,
when they are by them Impeached, according to the Laws and
Cuftoms of Parliament. But if fuch as delight in thefe cavils had
fearched into all the Records relating unto that of the 4 Edve. 3. Ror. Par!.
They might have found in the 19 of the fame King, a Writ l9 Etl,v«
ifluedout to fu'p:nd the Execution of the Judgment agamft Ait- * M" l8'
trevers, becaufe it had been illegally palled. And the chief
re Ton therein given, is, that he had not been Impeached, and fuf-
feredtomake his defence. But it was never fuggefted nor ima*
gined, that the Lords who judged him, had no Jurifdi&ion
over him becaufe he wa; a Commoner, or ought not to have
exercifed it, if he had been Impeached, N )r was it pretended
that by Al.ign a Charts, he ought tohave been tryed only by his
Pee.s^ the Law*ofthe Land therein memioned, and the Laws
and Cuftoms of Parliaments, being better known and more re-
verenced in thofe dayes, than to give wiy to fuch a miftake.
They might alfo have found by another Record of the 26. of Rot n ,
the fame King, that by undoub:ed A& of Parliament <JM*trt- 26 Edw."
■vers was pardon'd, and the Judgment is therein agreed by the 5. M. 25.
Lords and Commons to have been illegal, and unjuftly paffed
by the violent Profecution of his Enemies, but it is not alledged
that it was coram nonjudice^ as if the Lords might not have judg-
ed him, if the proceedings before them had been legal. But
as the fence and proceedings of all Parliament, have ever been
beft known by their practice, The objectors might have found
by all the Records fince the 4 Edw. 3. that Commoners, as
well as Lords ; might be, and have been Impeached before
Lords, and judged by them to Ctpital or other punifhments,
as appears undenyably to every man th t hath re:d our Hiflo-
ries or Records. Andverilytheconcurrentfer.ee and pn&ice
of Parliaments for fomany A^es, will be admitted to be a better
interpretation of their ow.i Ads, than the fenfe that thefe men
have latdy put upon them to encreafe our Difordsrs. Eut to
filence the moft malicious in this poinr, let the famous AA of
the 25 of Edw, 3. be considered, which hath ever fince limi-
ted all inferior Courts in their Jurifd'.clioo, unto the Tryal of

fuch

■

O)
fuch Treafons only as are therein particularly fpccified,and refer-
red all other Treafons to the tryal and judgment of Parliament.
So that if any fuch be committed by Commoners, they muft be (o
Tryed, or not at all. And if the lift fhould be allowed, it wiU
follow that the fame fad which in a Peer is Treafon, and punifti*
able with death, in a Commoner is no Crime, and Subject to no
punifhmenr.

Nor doth MagnaCharta confine all Trials to common Juries,
for it ordains that they (hall be Tryed by the Judgement of
Peers, erbythe Law of the Land. And will any man fay the
Law of Parliament is not the Law of the Land? Nor are thefe
words in Magna (fharta fuperfluous or infigniflcant, for then
there would be no Tryal before xhtConjlable or Marfhal, where
is no Jury at all. There could be no Tryal of a Peer of the
Realm upon an Appeal of Murder, who according to the Law,
£ 2' Il)j ' ought in fuch cafes to be tried by a common Jury and not by
his Peers. And fince the Records of Parliaments are full of
Impeachment of Commons, and no inftance can be given of the
rejection of any fuch Impeachment, it is the Commons who have
reafon to cite MagnaCharta upon th s occafion, which provides
exprefly againft the denyal of Juftice. And indeed it looks like
adenyalof Juftice, when a Court that hath undoubted Cogni-
fance of a Caufe regularly brought b fore them, fhall refufe to
hearit. But mod efpeculiy, when (as in this cafe) the Profecutors
could not be fo in any other Court, foas a final ftop was put to
their futt, though the Lords could not judicially know, whether
any body elfe would profecuteelfe- where.

This pro. ceding of the Lords looks the more odly, becaufe
they rejected the Caufe, before they knew as Judges what it
was, and refemdtt to the ordinary Courfe of Law ', without flay-
ing to hear, whether it were a matter whereof an inferior Court
could ta'e Cognifance. There are Treafons which can only be
adjudged in Parliament and if we may colled the fenfe of the
Houfe of Commons from their debates, they thought there was
a mixture ofthofekind of Treafons in Fit ^-Harris's cafj. And
therefore there was lit: Ie reafon for that fevere fuggeftion, that
the Impeachment was onUdefigned to delay a Trial, fince a com-
ply examination of his (.rime could be had no where bu: in
Parliament-. But it feems fomewlnt ftran^e, thtt the delaying
of a Tryal^ar.d that againft a profjfed Fapifi charged with Trea-
fon,

(40

fon,fl:ould be a matter fo extreamly '[tnSBle\ For might it I
be well retorted by the People, that it had been long a matter
extreamly ftnfible to them, that fo many Prorogations, fo many
Dillblutions, fo manv other Arts had beenufed to delay the
Trials, which His ma jefty had often defired, and the Parlia-
ment prepared for againft fvreprofejfrd Fopif: Lords charged\v:th
Treafons of an extraordinary nature. Bi;t above all, that ir was
a matter extreamly fcnfble to the whole Kingdom, to fee fuch
Un-Parliamentarv cV mean Solicitation, ufed to promote this
pretended Rejection of the Commons Accufanon, as are nor
fit to be remembred.'Tis there that the delav of the Tryalis to be
laid; for had the impeachment been proceeded upon,ard the
Parliament futfered to Sit, F t^-Hams had been long fince ex-
ecuted, or deferved Mercy bva full Difcovery of the fecrct
Authors of theft malicious defigns againft the King cV People.
For though the Declaration fays a TryalWas -i retted, yer we
are fure nothing wasdonein order to ir, til! above a month
after the DiiTHution. And it hath fince raifed fuch queftions,as
we may venture to fav,\vere never talk't of before in Wefimin-
per Hall.QueiWons which touch the judicature of the Lords,&
the Pnviledges of the Commons in fuch a deeree,that they will
never be determined by the decifion of any inferior Court, but
will alTuredly at one time or other have a farther Examination.
We have feen now that the Commons did it not without tome
ground, when they Voted the Refuf.il of the Lords to proceed
upon an Impeachment, to be a denial ff fuftice, and a violation of
the Conflitution of Parliaments j and the fecond Vote was but an
application of this Opinion to theprefent cafe. The third Vote
made upon that occafion,was no more than what the King
himielf had allowed, and all the Judges of England had agreed
to be Law, in the cafe of the five impeached Lordsj who were
only generally impeached, 6V the Parliament Diflolved,bcfcrtt!
any Articles were fcnt up again W them. Yet they had been rirft
indicated in an Inferior Court, and preparations made for their
trval,but the Judges thought at that time,that a profecution oi'
all the Commons was enough to ttop all profecutions of an In-
ferior Nature. The Commons had not Impeached Fnz, Harris t
but that they judged his cafe required fo publick an txamina-
on.and for any other Court to go about to trvcV condemn him,
tho it fhould be granted to be for another Crime, is as far i
them lies to ftifle that Examination. F

By this time every man will begin to queftion, whether the
Lords did themfeh:s, or the commom Right, in the refufing to
countenance fuch a proceeding. But one of the penmen of this
Declaration has done himfelf and the Nation Right, and has
difcovered himfelf by ufing his ordinary phrafe upon thisocca-
fion. The Per(bn is well known without naming him, who
always tells men they have done themfelves no Righr,when he
is refblved to do them none. As for the Commons, nothing
wa? carried on to extremity by them, nothing done but what was
Parliamentary ? They could not deiire a conference, till they
had firll ftated their own cafe, and aflerted by Votes the mat-
ter which they were to maintain at a conference. And (b far
were thofe Votes from putting the Two Houfes beyond a poffibi-
lity of Reconciliation, that they were made in order to it, and
there was no other way to attain it. And ib far was the Houfe
of Commons from thinking themfelves to be out of a capacity
of tranfa&ing with the Lords any farther, that they were pre-
paring to fend aMeflage for a conference to accommodate this
difference, at the very inftant that the Black Rod called them
to their Diffolution. If every difference in Opinion or Voter
fhould belaid to put the twoHoufes out of capacity oftranfatting
bufine^ together, every Parliament almoft mult be difTolved as
fbon as called. However our Minifters might know well enough,
l\\2.l therewai no poffibd ty of Reconciling the Two Hjvfes, because
they had before refblved to put them out of a capacity tftM*f*&-
*ng together by a fuddain Diffolution. But that very thing ;ufti-
fies the Commr ns to the world, who cannot but perceive that
there was folemn and good ground for them to defire an inqui-
ry into Fitz* HarrissTreail >n, fincethey who influence our af-
fairs were fbftartled at it, that in order to prevent it, they tirft
promoted this difference I etween the two Houfes, and then
broke the Parliament left it fhould be compofed.

There is another thing which muft not be paft over without
ebfervation, that the Minifters in this Paper take upon them to
decide this great difpute between the two Houfes, and to give
judgment on the fide of the Lords. We may well demand what
Ferfon is by our Law Conftituted a Judge of their Priviledges,
or haih authority to cenfurethe Votes of one Houfe, made
with reference to matters wherein they were conteftingwith
the other Houfe, as the great eft violation o the Conftitution of Par-
liaments.

( 4* )

liaments. They ought certainly to have excepted the power
which is here affumed of giving fuch a judgment, and publifh-
ing fuch a Charge, as being not only the higheft violation of
the Conftitution, but dire&ly tending to thedeftru&ion of it.
This was the Cafe, and a few days continuance bang like to
produce a good und;rflandmg between the Two Houfes, to the
advancing allthofe great and pitblick^ends, for which the Nati-
on hop'd they were called, the Minifters found it necefTary to
put an end to that Parliament likewife.

We have followed the Writers of the Declaration through
the feveral parts of it, wherein the Houfe of Commons are
Reproached with any particular Mifcarriages, and now they
come to fpeak more at large, and to give caution againft two
forts of ill Men. One fort they fay, are men fond of their old
beloved Common wealth Principles } and others are angry at bciwr
disappointed in d.jigns they had for accompl Jhing their own Ambi-
tion and Greatness. Surely if thev know any luch Perfons, the
only way to have prevented the milchiefs which they pretend
to fear from them, had been to have difcovered them, and
fuffered the Parliament to Sit to provide againft the evils they
would bring upon the Nation, by profecutingof them. But if
they mean by thefe lovers of Common-wealth Principles, men
paffionately devoted to the Publick good, and to the common
fervice of their Country, who believe that Kings were inftitu-
ted for the good of the People, and Government ordained for
the fake of thofe that are to be governed, and therefore com-
plain or grieve when it is ufed to contrary ends, every Wiie <5c
Honeft man will be proud to be ranked in that number. And
if Common wealth fignifies the Common Good,in which fence it
hath in all Ages been ufed by all good Authors, and which
Boxiin puts upon it, when he fpeaks of the Government of
France which he calls a Republicans good man will be afham'd
of it. Our own Authors, The Mirror of fuftice, Brallon,
Fleta, Fortefcue, and others in former times. And of latter
years, Sir Thomas Smith, Secretary of State in the Reign of
Queen Elitjtbeth, in his Difcourfes of the Common-wealth of
England, Sir Francis Bacon, Cool^ and others, take it in the
fame fence. And not only divers of our Statutes ufe the Word,
but even King James in his firft Speech unto the Parliament,
acknowledgeth hmfelf to be the Servant of the Commonwealth,

F a and

(44 >
and King Charles the I. both before and in the time of the War>
never exprelfetb himfelf otherwife. To be fond therefore of
fuch Commonwealth l'r:nciples,btcomes every Englifhmani and
the whole Kingdom did hope, and were afterwards gladto
find, they had fent fuch mm to Parliament. But if the Decla-
ration would intimate that there had been any defign of fetting
up a Democratic ai Cover' ment, in oppolit on to our legal Mo-
na<chy, it is a calumny inii of a peice with the other things
which the penners of this Declaration have vented, in order to
the laying upon others the blame of a delign to overthrow the
Government, which only belongs unto themfelves.

It is ftrange how this ]Vord,{hould fo change its fignification,
with us in the fpace of twenty years. All Monarchies in the
World, that are not purely Barbarous and Tyrannical, have
ever been called Commonwealths. Rome'rt felf altered not that
name, when it fell under the Sword of the Cxfars. The proud-
eit and cruel.left of Empe. or difdained it not. And in our days,
it doth not only belong to Venice, Genoua, Switzerland, and
the United Provinces of the Netherlands,bm to Germany, Spain,
France, Sweden, Poland and all the Kingdoms of Europe, May
it not therefore be apprehendedthar our prefent Miniiters,who
have fo much decryed this Wordto well known to our Laws,fo
often ufed by our belf Writers, and by all our Kings untill this
day, are Enemies to the thing ? And that they who make it a
brand of Infamy to be of Commonwealth Principles, hat is,, de-
voted to the good of the People, do intend no other than the
hurt and mi;chiefof that People .?Can they in plainer terms de-
clare their fondness oft heir belov.d Arbitrary Power, and their
defign to let it up, by fubverting our Ancient Legal Monarchy
inftituted for the benefit of the Commonwealth, than by thus
cafting reproach upon thole who endeavour to uphold it.

Let the Nation then to whom the Appeal is made, judge
who are the men that endeavour to Poifon the People, and who
they are who are guilty of defigning innovations. Erafton
tells us that pottftoi Regis is potcftat Legist It is from the
Law that he hath his Power, it is by the Law that he is King,
and for the good of the people by whofe confentit is made,
The Liberty and welfare of a great Nation* was of too much
importance to be fuffered to depend upon the will of one Man.
The belt and wifeit might betranfpertedby an excefs of Po-
wer trufted with them,and the experience oi all times fhoweth,

that

( 45 ;

that Princes as men are fiibjedt to Errors, and might be mifled. There-
fore (as far as mans Wit could forefee) our Conftitution hath provid-
ed by Annual Parliaments, 36. Edw. 3. cap. 10. that the Common-
wealth might receive no hurt ; andit is the Parliament, that muft from
time to time correct the mifchiefs which dayly creep in upon us. L^t
us then no longer wonder,when we fee fuch frequent Prorogations and
Diflolutions of Parliaments 5 nor ftand amazed at this laft unparalell'd
effort of the Minifters by this Declaration to render two Parliaments
odious unto the People. They well know that Pa;Iiaments were or-
dain'd to prevent fuch mifchiefs as they delign'd, and if they were ft if-
fered to purfue the ends of their inftitution, woul 1 endeavor to pre-
ferve all things in their due order. To unite the King unto his People,
and the Hearts of the People unto the King : To keep the Regal Autho-
rity wkh'n the bounds of Law,and perfwade His Ma jefty to direct it to
the publick good which the Law intends. But as this is repugnant to
the introduction of Arbitrary Power and Popery, they whodelght in
both, cannot but hate it, and chufe rather to bring matters into fuch a
ftate as may fuit with their private intereft?,than fuffer it to conrinue in
its right Channel. They love to fifth in troubled Waters, and they rind
all diforders profitable unto themfelves. They can flatter the humor of
a mifguided Prince, andehcreafe their Fortunes by the excfffesof a
waftful Prodigal. The phreniie of an mjpeflpits Woman is cafily ren -
dred propitious unto them, and they can turn the zeal of a violent bigot
to their advantage. The Treacheries offalfeMies agree with their
own corruptions, and as they fear nothing 10 much asthattheKing
mould return unto his People^ and keep all things quiet, they almoft
ever render themfelves fublervient to fuch as would difturbthem. And
ifthefetwo laft Parliaments according to their duty ,and rhetruftrepo-
fed in them, have more fteddily than any other before them, perfifted
in the Pious and Juft endeavors ofeafing the Nation of any of its Griev-
ances, the Authors of the Declaration found it was their befr courfe,by
falfe color? pu t upon things,6V fubtile mifrc pre fen rations of their attings-
t6 delude the People into an abhorrence of their own Reprefentatives,
but with what candor and ingenuity they have attempted it,is alreadv
fufficiently nvde known. And if we look about us,welnall find trr iewho
defign a change,on either hand fomenting a mifunderllanding between
the King,His Parliament and People, whilft perfons who love the legal
Monarchy both out of Choice and Confcience, are they who deli re the
frequent and fuccdsful meetings of the great Council of the Nation.

As for the other fort of peevifh men,of whonVttle Dechrarion gives
us warning, who *ire angrj as the dtftppolntment of their Ambition* de-

US)

fffui ff theft words are intended to reflect on thofe men of Honor
and Conference, who being qualified for the higheft employments of
Stare, have either left, or refufed, or been removed from them, be-
caule they would not accept or retain them at the price of felling their
Country, and Enflaving pofterity: And who are content to Sacrifice
their fafety as well as their intereft for the publick, and expofe them-
felves to the malice of the men in power,and to the dayly Plots, Perju-
ries,and Subornations of the Papifts. I fay,if theft be the amb tiotu men
fpokenofF, the people will have confideration for what they fay, and
therefore it will be wifdom, to give fuch men as thefe no occafion to
lay, thar they intend to lay afide the ufe of Parliaments.

In good earneft the behavior of the Minifters of late, gives but too
j-uft (xcafion to fay, that the ufe of Parliaments is already laldafide. For
tho His Majcfty has owned in lb many of His Speeches and Declarati-
ons,^ great danger of the Kingdom,and the neceffity of the Aid and
Counlel of Parliaments, he hath neverthelefs been prevailed upon to
DifTblvefour in the (pace of 2(5 Months without making provision by
their advice fuitable to our dangers or wants. Nor can we hope the
the Court will ever love any Parliament better, than the rirft of thole
four, wherein they had Co dearly purchafed fuch a number of faft
Friends $ Men who having firft fold themfelves, would not ftick to fell
any thing after. And we may well fufpeCt they mean very ill at Court.
when their defigns (hock't fuch a Parliament. For that very Favourite
Parliament noTboner began in good earneft to examin what had been
done, and what was doing, but they were fent away in haft and in a
fright,though the Minifters know they loft thereby a conftant Revenue
of extraordinary Supplies. And arethe Minifters at prefent more in-
nocent, than at that time; The fame interelt hath the attendant at
Court ftill, and they have heightned the Refentnaents of the Nation,
by repeated affronts j and can we beleive them that they dare fuffer a
Parliament now to Sit.

Eut we have gain'd at leaft this one Point by the DecIaration,that it is
own'd to us, that Parliaments are the heft /Method, for healing the di-
flempers of the Kingdem, and the only means to preferve the Monarchy in
credit Loth at home and abroad. Own'd by theft very men who have
fo malicioufly rendred many former Parliaments inefTeclual,and by this
Declaration have done their utmoft to make thofe which are to come
as fruidefs, and thereby have confefTed that they have no concern for
healing the diftempers of the Kingdom, andprefervn^ the credit of the Mo-
narchy ; which is in effect to acknowledge themfelves, to be what the

Com-

( 47 )

Commons called them,E»«w*« to the King and Kingdom. Nothing can
be more true,then that the Kingdom can never recover it' 'strength and
reputation abroadpr its ancient Peace and Settlement at home, His Ma-
)ti\y can never be releived from his fears and his domeitick wants, nor
fecure from the Affronts which he dayly (uffers from abroad, till he re-
forves not only to call Parliaments, but to Hearken to them when they
are called. For without that,it is not a Declaration, it is not repeated
promises, nay it is not the frequent calling of Parliaments which will
convince the world, that the ufe oftbem is not intended to be laid afide.

However we rejoyce,that His Majefty feems refolvedto have frequent
Parliaments^ and hope he will be juft to Himfelf, and us,by continuing
conftant to this Refblution. Yet we cannot but doubt in fome degree,
when we remember the Speech made 26 Jan. 1679. to both Houfes,
wherein he told them,that he was Vnalterably of an Opinion., that long in-
tervals of Parliament rwere abjolutely neceJfary,for compofing & quieting the
minds of the People. Therefore, which we ought rather to beleive, the
Speech or the Declaratio/qor which is likely to lait longeft^ Refolution or
an unalterable opinion, \s a matter too Nice for any but Goart Cnticks to
Decide. The effectual performance of the lair part of the promife, will
give us affurance of the firft. When we fee the real fruits of theie utmojh
endeavours to extirpate Popsryotit of Parliament t when we fee the D. of
Torino longer ririt Minilter,or rather Protector of thefeKingdoms,and
his Creature's no longer to have the whole direction of AtFairsjwhen we
fe^ that Love to our Religion and Laws is no longer a crime at Court }
no longer a certain forerunner of being Difgr cd and Remov'd from alE
Offices and Employments in their Power wh.n the word Loyal ( when
is faithful to the Law,)(hall be reftored to its old meaning,. & no longer
lignirie one who is for fub verting the Laws* when we fee the Commttfi-
ons hll'd with hearty Proteftants,6rthe Laws executed in good earneft
againft thePapifts,theDifcoverersofthePlot countenane'd, or at leafe
heard, and frittered to give their Evidence, the Courts of luitice iteady
and not Avowing a Jurisdiction one day, which thev Difb.'n the next j;
no more Grand Juries difcharg'd, leaft they fli njJd hear Witneifcs, nor
Witnefies hurried away,lealt they thould inform Grand June?, when we-
foe no more inftruments from C^urt labouring to raile Jealoulits of
Protettants at home, and fome regard had to Proteltants abroad , when
we obfe:ve fome what elfe to be meant by Governing accordrarro Lav,
then barely to put in Execution agaiult Diflenters, the Laws'made a-
gainlt PapiftSithen we (hall promile our (elves nQtoQ\yJrtq*cnt Parka-
mntSybux all thebleircdetfectsofpurfuing Parliamentary Counkls, the

Extir-

( 4« )

Extirpation of Popery, the Redrefs ofGreivances, the flourifhing ofUm, and the perfeft
7\ejioring rbe Monarchy M the Credit, which it ought to have, ( but which the Authors of
the Declaration confefs it wants ) both at Home and Abroad. There needs no time
to open the Eyes of Hk Mijejlicsgood Sxbfefts, and their Hearts are ready prepared to meet
bin in Parliament, in order to Pcrfcft all the good Settlement and Peace, wanting in church
and State.

But whilft there are fo many little Emiffuies imployed to fow ard encreafe Divifions
i i theNation, as if the Minifhrs had a mind to make His Majefty the Head of a Fa.
ftioi, and joynhimfeif to one Parry in the Kicgdom, who has a juit right of Govcru-
ing ail ( which Tbuantu lib 18. fays, was the notorious folly, and occafioned the De-
ftruAion of his great Grand Mother TAary Queen of Scots) whilU we fee the fame
D tferenoes promoted indultriouflv by 'he Court, which gave the rife and progrefs to the
late troubles, and which were once thought fit to be buried in an Ad of Oblivion,
VVhilit we fee the Popilh intereit fo p amiy Countenanctd, which was hen done whh
C^u:ioniwhen every pretence cf Prerogatives (trained totheutmcit Heighr,when Par-
liaments are ufed whh eonrem t and indignity,and their judicature, & all their Higheit
Ptiviledges brought in Qutttion in Inferior Courts, we hive but too good caufe to be-
lieve, thit though every L<yal aid Good man does, yet the Miniltersand Favourites,
do butlir»le confider the K'fe and Trogrefs of the late Troubles, and have little defire or
care to preferve their Country from a Relapfe And who as they never yet fhewed regard
to Religion, Liberty or Property, fo they would be !i»t!e c tVncern'd to fee ihcMonanby
fhat\tn °ff j if they might elape the vengeance of Publick Juftice, due to them tor fo
long a Courfe of pernicious Counfels, and for Crowning all the refi o{ iheiv faults by
thus Refl:Cting upon thit High Court, before which we do not doubt but weflial) fee
them one Day brought to Judgment.

Thus have we with an Englilh plainnefi, exprefled our thoughts of the late P-irlia-
men^ and heir Ptoceedings, as well as of the Court in Relation to them, and hope
this Freedom will offend no man. The Minitter?, who may be concern'd through
their appealing unto the People, cannot in Juftice deny unto any one of tbem iht Li-
berty of weighing the reafyns which they have thought fit to publifhin vindication of
their aftions. But if it fhou'.d prove otherwife, and thefe few ftieets be thought as
weak and full of errors, as thoie we endevour to confute, or beheld in ju;ious unto
them, we defire only to know in what we tranfgrefs, and that the Prefs may be open
for our jutiificaiion j Let the People to whom the Appeal is made judge then between
tbem and u< j and let Reafon and the Law be the Rules, according unto which the
Controverfie may be decided Bur if by denying this, they (hall like Beafts recurr to
force; they will thereby acknowledge that they want the Arms which b.long to ratio-
nal Creatures Whereas if the Liberty of Answering be left us, we will give up the
Caufe, and confefs, that both Reafon and Law are wanting unto us, if we do not in our
Rf ply fatisfie all reafonable and impartial men that nothing is faiJ by us, but what is
juft, and necrffary to preferve the interelts of the King and his People. Nor can
there be any thing more to the Honour of His Majefty | th»n to give the Nations round
abour us to urderftand, that the King of England, doth neither Reign over a Bafe,
.Servile People, who hearing thcmfelves Arraign'd, and Condemned, dare not fpeak
in their own Defence and Vindication ; nor over fo fil y)«'f^r3li(h and weak a People, as
that ill defigned, and worfe ftipp^rted Paper might occafion the World to thick, but
that there are fome Perfons in his Dominions,not only of true Englifh Courage, but ( f
greater intelleftuals as well as better Morals, than the Advifers unto, and Penners of
the Declaration have mar.ifefted themfelvestobe.

FINIS.

^i$tfW^"

V**i

*XrK